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EU to Allow Digital Software Resales?

[Jul 03, 2012, 11:13 am ET] - Share - Viewing Comments

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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79.

Re: EU to Allow Digital Software Resales?

Jul 3, 2012, 22:35

SimplyMonk

Mr. Tact wrote on Jul 3, 2012, 22:19: So, you do or don't agree with this? Whether a used game market should or should not exist (you should be able to sell/gift your game or not) for digital video games isn't so much a question of whether it is "right" or "wrong", because that is bullshit in my opinion. The question should be if you have a used digital game market, will you like how the industry adjusts to maximize profits in that market? Or you would prefer that things stay the way they are? I can promise you, though, you switch to allowing a digital used game market and the industry will change. For the better or worst.... who knows. The concept might just kill digital games entirely since a digital used game market would be thousands of times more responsive than a physical used market which has to deal with the usual hindrances of retail sales. Make one wrong move as a publisher and there is your entire digital inventory thrown into the used market, killing all new sales in a manner of minutes. I like change for change's sake though. So sure. I agree with you. Let's mix this shit up!

Subject

Comment [quote="SimplyMonk"Jul 3, 2012, 22:35][quote="Mr. Tact"Jul 3, 2012, 22:19] So, you do or don't agree with this?[/quote] Whether a used game market should or should not exist (you should be able to sell/gift your game or not) for digital video games isn't so much a question of whether it is "right" or "wrong", because that is bullshit in my opinion. The question should be if you have a used digital game market, will you like how the industry adjusts to maximize profits in that market? Or you would prefer that things stay the way they are? I can promise you, though, you switch to allowing a digital used game market and the industry will change. For the better or worst.... who knows. The concept might just kill digital games entirely since a digital used game market would be thousands of times more responsive than a physical used market which has to deal with the usual hindrances of retail sales. Make one wrong move as a publisher and there is your entire digital inventory thrown into the used market, killing all new sales in a manner of minutes. I like change for change's sake though. So sure. I agree with you. Let's mix this shit up! [/quote]

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