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Doing the rounds across the net right now is a small update to the Steam checkout process when you're making a purchase, to make it clear you don't own what you buy.

Valve added a note (I don't entirely know when), to mention how "A purchase of a digital product grants a license for the product on Steam" with a link to the Steam Subscriber Agreement. As you can see in my shot below taken today when testing a purchase:

Of course, there's already a lot of misinformation going around about this from people on social media. To remind everyone: this has always been the case. The Steam Subscriber Agreement says (if you bothered to read it, you all read agreements right?) "The Content and Services are licensed, not sold. Your license confers no title or ownership in the Content and Services".

So while this has always been the case, it is still somewhat buried because most people just quickly scroll through these things to get access to what they want. At least now, Valve has put it upfront every time you make a license purchase on Steam.

Why is all this happening now? You can likely thank a new California law on this (AB 2426) that is summarised as:

Existing law makes it unlawful for any person doing business in California and advertising to consumers in California to make any false or misleading advertising claim. Existing law makes a person who violates specified false advertising provisions liable for a civil penalty, as specified, and provides that a person who violates those false advertising provisions is guilty of a misdemeanor.

This bill would, subject to specified exceptions, additionally prohibit a seller of a digital good from advertising or offering for sale a digital good, as defined, to a purchaser with the terms buy, purchase, or any other term which a reasonable person would understand to confer an unrestricted ownership interest in the digital good, or alongside an option for a time-limited rental, unless the seller receives at the time of each transaction an affirmative acknowledgment from the purchaser, or the seller provides to the consumer before executing each transaction a clear and conspicuous statement, as specified. By expanding the scope of a crime, this bill would impose a state-mandated local program.

GOG took the opportunity to jump into this as well on Twitter / X with a post suggesting they will be adding a note onto their checkout process too, to say that their offline installers they offer cannot be taken away from you:

The new law doesn't seem to actually affect GOG, since in the main bill text it does specifically note it does not apply if they have access to a permanent offline download. However, it should be noted GOG also sell you a license as per their own terms. So while the new bill may not apply to them, this little jibe only really properly works if people are backing up all of their GOG purchases. Since you only get a license, rights holders could still technically get GOG to entirely remove them.

I should also note that this situation is the same for most physical media too, it's not a digital distribution only issue for consumers. Much like GOG's offline installers, you have access to your physical media whenever you want, but you still only get a license for the media you have on disc - you do not own it.

Over to you in the comments, what are your thoughts?

Article taken from GamingOnLinux.com.
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60 comments
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eev Oct 13
What a nothingburger, both this bill and the disclaimer, it doesn't change much for the people that just want to pay and get the download as they won't care either way, nor does it actually protect your rights at all. "Hey I am going to rob your house in the future, but it's fine and legal because I just told you I will."
Was going to say, yeah it's always been this way (as far as I remember). I've never been under the impression that I own any of these games and at any point some of them could disappear. But I do have to admit that this hasn't happened once, though I am sure at some point some of the more litigious "AAA" companies will test this out. I mostly circumvent this by not buying perceived "AAA" games.
14 Oct 13
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Quoting: ToddLAll this license talk makes me miss the days of playing games without worrying about losing access to them. I know GOG exist but I'm thinking more in terms of the physical media days in the PS2 era and before that didn't require network access to authenticate a license to play.
You have the ability to install your games to flash drives. It's the same thing. It will be compatible with whatever created it.
finaldest Oct 13
All this change does is clearly highlight the fact that "YOU" the customer is getting robbed of your money at an unspecified future date when the title magically disappears from your library. It could be a week or 20 years from now when that game disappears but either way, when it happens its theft whether its legal or not. I welcome this change as consumers might just start to realise that digital is not so permanent as they once thought.

Its why I still buy physical media. YES that shiny disk that has a "LICENCE" on it because I "OWN" the "DISK" and no publisher can enter my home and take that shiny disk away from me. As long as I can launch the game from the disk without an internet connection then in my eyes that is still classed as ownership but not so for a digital download.

Yes, I still buy games on Steam but I am fully aware and the amount of money i am willing to pay will be taken into consideration for that lack of ownership.
Mohandevir Oct 13
Quoting: pb
Quoting: hm11As far as i know, you still need the steam client to restore those backups

You don't need Steam client to restore if you just copy or tar a game's directory.

I have a pretty clear example of that: Witcher 3.
It's possible to launch the game by running it's original .exe file, in the Steam game folder, via Wine, and Steam doesn't launch and is not even aware of it. Ok, it's CDPR... Owner of GOG, but Steam won't prevent any devs of doing the same and that trick probably works on many games, already.


Last edited by Mohandevir on 13 October 2024 at 11:05 pm UTC
I honestly feel like a lot of this debate is moot, because there are always less than legitimate ways to reacquire any games you may have lost access to.

Which brings up an interesting legal and moral question: If I have paid for a license to download, install, and play a game on my computer, then does it really matter where I download it from?
Quoting: Mountain ManI honestly feel like a lot of this debate is moot, because there are always less than legitimate ways to reacquire any games you may have lost access to.

Which brings up an interesting legal and moral question: If I have paid for a license to download, install, and play a game on my computer, then does it really matter where I download it from?
Legally speaking, yes. As the license is usually specific that you have to go through the company you bought the software from. Morally speaking... I would argue is completely fine (except maybe if the software in question is a different version. Like a rerelease or port)
hm11 Oct 14
Quoting: pb
Quoting: hm11As far as i know, you still need the steam client to restore those backups

You don't need Steam client to restore if you just copy or tar a game's directory.

that defeats the point... and that method doesn't work for all games either, if its a backup its has to actually be a backup.
hm11 Oct 14
Quoting: Mountain ManI honestly feel like a lot of this debate is moot, because there are always less than legitimate ways to reacquire any games you may have lost access to.

Which brings up an interesting legal and moral question: If I have paid for a license to download, install, and play a game on my computer, then does it really matter where I download it from?

IMO it doesn't since you paid for the actual content. For certain games on my steam library, i straight up torrented those and used those as a backup.
TheRiddick Oct 14
Quoting: sourpuzI demand we be able to print out the source code and preserve it in book form!


Books erode, we should really write it on stone in a cave somewhere, for future generations that will 100% be living in caves. lol
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