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GameStop Used Game Lawsuit

A lawsuit has been filed in the Northern District of California against GameStop, citing deceptive practices relating to used game sales. IGN has details on the suit, which stems from a customer buying a used copy of Dragon Age: Origins with the belief that additional DLC was available for free based on the cover blurb. Of course this DLC is part of the new trend intended to impede used-game sales, which the customer learned when they tried to get the DLC, which set them back an additional $15.00, making their final purchase price for the used game $10.00 more than the cost of a brand-new copy (that sound you hear is EA execs exchanging high-fives). IGN has a copy of the complaint in Adobe Acrobat-format, and an article on this on Gamasutra offers thoughts from an analyst saying that GameStop will probably be able to remedy this problem by affixing stickers to used games clarifying DLC availability.

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113. Re: GameStop Used Game Lawsuit Mar 28, 2010, 11:46 Tigger
 
everyone wrote on Mar 28, 2010, 10:00:
EULA are dubious at best, and almost certainly couldn't be used to enforce resale limits.

I never said they could be, I said that they ' allow the purchaser of the software to transfer 'right to use the software' at least once.'. I am using this to support the idea the resale of games is legal and permitted and there really isn't anything anyone can do about it.

I mean, seriously, it doesn't take a genius to figure out that if this was a slam-dunk deal, EA, Activision and every other publisher on the planet would have sued the shit out of EB/GameStop ages ago and stopped used game sales. The fact is that the law on the issue is gray and no one really wants to take it up with the Supreme Court because if they might lose. Besides, this is really protected under the first-sale doctrine.

]
The supreme court disagrees with you about the copyright holder retaining all rights on each copy sold. The copyright holder retains the rights to the intellectual material, but they do not retain all rights to the specific copy sold.

Which case?




 
 
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Vic Fontaine for President
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