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64. Re: Duke Nukem Forever and Steamworks Feb 16, 2011, 15:58 Draugr
 
InBlack wrote on Feb 16, 2011, 10:18:
Beamer wrote on Feb 16, 2011, 09:16:
Some of the opinions defending publishing rights with regards to second hand sales in this thread are making me physically nauseous.

And again, digital media isn't really very comparable to physical media, which is where so much of this issue lies. Computer games are digital media merely given via physical distribution.

All the "consumer rights" people keep mentioning tend to revolve around their notions of physical media. Problem is that we can prove that a book sold is no longer in use by the original owner. We cannot do that with any digital media.



Regardless, you have GameStop to blame for this. Do you know why Hollywood doesn't much complain about DVD reselling? Because no one is making more money off of used DVD sales than any content creator is off of new DVD sales. In the video game industry GameStop is making more money than most content creators. This is why it's become such a big issue.



In honesty, how many of you regularly resell PC games, anyway?

Actually today we can prove who is currently using which piece of software today, that is one of the purposes of DRM. I would wager that 99.99% of all games produced today have some kind of validation. Most of the "normal" DRM today allows for the resale of games, as long as there is only one account per copy of the game.

Gamestop is basically an intermediary. A "used car salesman" if you like.

But this is all moot in any case, EULAs specifically state that consumers dont really "own" the game in any case. They are simply licencing it. AFAIC someone needs to make a serious investigation of whether current EULAs are ar legal or even constitutional.

(For reference please use the constitution of the USA)

Gamestop is nothing like a used car dealer, as used car dealers pay for a dealers liscence, and has to meet legal and financial requirements, and in addition they (Toyota or Ford or whoever) can still sell parts and service for used cards. Gamestop just screws everyone out of money but themselves.

in regards to EUlAs, it really depends on the EULA, but what you said is true about many EULA's. You don't own the software, you own the liscence.

PC second hand sales hasnt been strong, pretty much ever, as Beamer said, one reason for this is you have no way of telling if the other person still isn't utilizing it. Nowadays we have DRM and whatnot, but back in the day that wasn't something that was a norm, and therefore people acted accordingly lest they get sued, and it's just kind of stuck.

I believe part of the reason Gamestop doesn't carry much PC stuff is because they can't plan on any second hand sales.

I don't think there are any parts in the constitution in regards to consumer protections, feel free to prove me wrong, I'd be surprised to see an article where they say licencing software is illegal, if you're referring to other crap that can be in EULA's then that would be a discussion for a different time.
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