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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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46. Re: EU to Allow Digital Software Resales? Jul 3, 2012, 16:35 NKD
Kajetan wrote on Jul 3, 2012, 16:23:
NKD wrote on Jul 3, 2012, 16:13:
Who the fuck is gonna press New?
All those people who buy new games for fullprice to "support" their holy devs?

That's like ten people. As I said, most people don't care about that. They don't care if they are biting the hand that feeds them, they just want the cheapest price.

Then let the publishers have a holdback period on reselling new games for ... a month? Can you live with that? Since the majority off all revenue is generated in the first few weeks, this should be enough to calm their fears.

I think that would work pretty well actually if they could get retailers online and B&M to go along with it. The problem is the first month is also when retailers make the most bank off used game sales because they can resell it for damn near full price, and there is nothing publishers could ever do to stop it short of implementing forms of DRM to make it technically impossible or impractical.

Digitalfiend wrote on Jul 3, 2012, 16:22:

Yes but there will be a limited supply of "used" licenses, so that "Used" button might not always be available. You still have a 1:1 relationship between number of licenses and number of license holders.

Right, but after 3-5 days, there will be tons of people selling their "used" copies for like 5 bucks under full retail price. So only the very, very impatient will ever get suckered into paying full price. After that, available used volume reaches critical mass and new sales stop.

I'd have no problem with publishers providing first-time purchasers of a license with additional extras, within reason (e.g. extra maps, "behind the scenes" videos, etc), that will not be available to second hand owners. That way there would still be an incentive to buy a new license.

They are trying that a bit now, but people hate that too. At some point people are going to have to decide what they hate less, because publishers are going to find some way to make their money. If it was as simple a New and Used button on Steam like I used in my example, publishers would flock to F2P Cash Shops like preteen girls to a Justin Bieber concert.
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