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EU to Allow Digital Software Resales?

This document (Adobe Acrobat format) outlines a legal ruing in the EU that seems to open the door for resale of digitally distributed software (thanks Joao). Here's a bit:

Where the copyright holder makes available to his customer a copy tangible or intangible and at the same time concludes, in return form payment of a fee, a licence agreement granting the customer the right to use that copy for an unlimited period, that rightholder sells the copy to the customer and thus exhausts his exclusive distribution right. Such a transaction involves a transfer of the right of ownership of the copy. Therefore, even if the licence agreement prohibits a further transfer, the rightholder can no longer oppose the resale of that copy.

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77. Re: EU to Allow Digital Software Resales? Jul 3, 2012, 22:26 SimplyMonk
The used video game market, in my opinion, only really hinders games that have very low replay-ability. If a game is amazing and you just want to play it again and again, the used game market for the game is non-existent or will only start to grow so late into the product's life cycle that it won't event matter. If a game only takes you two hours to beat and there is really no reason to keep it after that, the use game market will decimate that title.

Games with high replay-ability and extensive, rewarding content will barely even notice that a used game market exists. Short games with low replay-ability will have a very steep decline in sales after the initial release.

Now, of course, there are always exceptions to everything. If a game is very niche and a lot of people pick it up at release, but don't care for it, the title will have a spike in used sales. If a title has a low print run and the main audience happens to be hoarders (like myself), then it will have a small used market.

What this means is that a healthy used market will tend to push publishers into developing either game's with episodic content or games with very high replay-ability, multiplayer or long, rewarding campaigns that the buyer wants to hold onto. Short games, even good ones, would suffer greatly.

Who really knows though. The market is a fickle place that sometimes surprises you. All publishers understand, I believe, is that in no scenario does the used game market benefit them or their bottom line. You might be able to argue that the existence of the market makes it easier for user's to cough up $60 for a title, but that is a delicate balancing act and can go either way in the long run.
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