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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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98. Re: EU to Allow Digital Software Resales? Jul 5, 2012, 22:07 Jerykk
This is a technicality. Bethesda was always its own publisher, published its own games. But unlike Looking Glass Studios, who had only some distribution deals with Eidos, they were smart enough to handle the publishing part of this business. LG folded, Beth prospered.

All the ressources they poured into Skyrim was earned by selfpublished, selfdeveloped games. Beth does what some indies do want in the long run. Make yourself independent AND make grandios games with lots of production value.

This is just plain wrong. Zenimax Media/Bethesda Softworks has published lots of games that weren't developed internally.


Rogue Warrior
Call of Cthulu: Dark Corners of the Earth
Hunted: The Demon's Forge
Fallout: New Vegas

Bethesda Game Studios has also developed games that weren't published by Bethesda Softworks.

See this for the full list of third-party games they've published:

And here's info on ZeniMax:

You act like Bethesda is the same as Valve. It isn't. Bethesda Softworks is a publisher like EA, Activision, 2K, Ubisoft, Capcom, etc. All of those publishers have their own internal development studios, just like Bethesda Softworks has.

Sure, and the first time you end up with a game that's not a financial hit, your company folds. The advantage of having a publisher is that (theoretically of course) they have the ability to balance out failures with other successes.

Exactly. If a game flops, the publisher is the only one that loses anything. The developer already got paid during development. Without a publisher, developers accept the burden of failure.

I hate publishers as much as anyone else but I understand that they are necessary if you want to make certain types of games. When a genuinely independent developer can make a game like Skyrim, Arkham City, Battlefield 3, GTA4, Saints Row 3, Fallout New Vegas, Deus Ex: Human Revolution, etc, without any publisher involvement, let me know and I'll gladly reconsider my argument.

This comment was edited on Jul 5, 2012, 22:14.
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