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15. Re: EU to Allow Digital Software Resales? Jul 3, 2012, 13:54 DG
nin wrote on Jul 3, 2012, 11:18:
I'll be curious if this is enforced, or something digital services can simply get around by adding something to their EULA, along the lines of "if you use this service, you agree not to resell your games".
No, for starters the ruling means there'd be no "damages" for the publisher to sue for. For seconds, in the EU, standard form contracts with consumers are considered non-negotiated (i.e. there's almost an assumption that it wasn't even read) and basically anything that is not reasonably expected is usually void.

They comment as such in the quote -
therefore, even if the licence agreement prohibits a further transfer, the rightholder can no longer oppose the resale of that copy.
However, bear in mind there can be a service element to a digitally acquired game. That's a different relationship and non-transferability is likely a lot more defensible.
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