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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 Replies. 5 pages. Viewing page 5.
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18. Re: EU to Allow Digital Software Resales? Jul 3, 2012, 14:19 NKD
 
This doesn't really mean anything at all if you read it.

It seems to only talk about the copyright holder, i.e. the developer/publisher. It doesn't obligate digital stores to implement resale functionality, nor would it be in their best interests to do so.
 
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If you don't like where gaming is heading, stop giving your money to the people who are taking it in that direction.
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17. Re: EU to Allow Digital Software Resales? Jul 3, 2012, 14:08 Acleacius
 
Wtg, EU! Our politicians in the US are too corrupt to be this intelligent. Salute

 
The people can always be brought to the bidding of the leaders.That is easy.All you have to do is tell them they are being attacked and denounce the pacifists for lack of patriotism and exposing the country to danger.It works the same way in any country.
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16. Re: EU to Allow Digital Software Resales? Jul 3, 2012, 14:06 Mr. Tact
 
Dagnamit wrote on Jul 3, 2012, 13:37:
You've never owned the game, you only held the media in your possession in some physical form (cartridge, CD, DVD). That has made secondary distribution systems possible. You didn't make the game. You don't own it.
I have always considered this argument as simply silly. I own my copy of the game. You position is equivalent to saying I can't sell my couch in a yard sale. I didn't make it. I only own the couch in its physical form. I don't own the couch. I was only purchasing the use of the couch, it isn't within my rights to sell it. Ridiculous.
 
Truth is brutal. Prepare for pain.
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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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14. Re: EU to Allow Digital Software Resales? Jul 3, 2012, 13:37 Dagnamit
 
zombiefan wrote on Jul 3, 2012, 12:07:
It'll never happen in this country (the U.S.). Valve simply has too much money; they could buy any judge ten times over.

It'll never happen because it's a ridiculous decision. You people need to get over this. Game companies have been selling "licenses" for their games since the beginning. You've never owned the game, you only held the media in your possession in some physical form (cartridge, CD, DVD). That has made secondary distribution systems possible. You didn't make the game. You don't own it. Why can't you just buy a game in the hopes that it will be worth the money? Why do you need to get something else out of it?
 
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13. Re: EU to Allow Digital Software Resales? Jul 3, 2012, 13:26 The Half Elf
 
Techie714 wrote on Jul 3, 2012, 11:19:
This is the last thing business in the U.S. wants to see. EA & Valve have no interest in you reselling your games. Hell, the rumors are all around that the next consoles wont allow resale of games. I could be wrong though. It would open the door to new business models in the U.S.

Honestly I wish Valve had a way to resell digital copies, and Steam would be a perfect way to do this. Hell even a way to trade games would be awesome.
You post the game you want to get rid of and people can offer trades and you accept whatever ones you want. Win Win.
 
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"I've never seen a feature like this before. It warms your ass. It's wonderful" -Walter Bishop
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12. Re: EU to Allow Digital Software Resales? Jul 3, 2012, 13:18 Mashiki Amiketo
 
zombiefan wrote on Jul 3, 2012, 12:07:
It'll never happen in this country (the U.S.). Valve simply has too much money; they could buy any judge ten times over.
Does valve really care though? Or is it a problem with the publishers that are using steam.
 
--
"For every human problem,
there is a neat, simple solution;
and it is always wrong."
--H.L. Mencken
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11. Re: EU to Allow Digital Software Resales? Jul 3, 2012, 13:14 Cutter
 
I think most people these days buy the vast majority of their games on a good sale or the bargain bin, in which case resales really don't matter. And if you want something new and full price bad enough, it's generally worth it. And unless I can sell it personally I won't bother. I don't want middlemen making the lion-share of money for doing essentially nothing.
 
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James Woods: Oh that's fun. That sounds like you had a fun time. Where would I fit in with the fun time, huh? Where does James Woods fit into the fun?
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10. Re: EU to Allow Digital Software Resales? Jul 3, 2012, 13:00 Prez
 
Green Man Gaming already does it. You have to use their abysmal "Capsule" though, which in my view is worse than not being able to trade a game at all. Any service that allows trading of digital media would use a similarly terrible service, so no thanks.

Not being able to trade things is a non-issue for me - I keep everything I buy.
 
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Goodbye my Monte boy. May you rest in the peace you never knew in life.
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9. Re: EU to Allow Digital Software Resales? Jul 3, 2012, 12:07 zombiefan
 
It'll never happen in this country (the U.S.). Valve simply has too much money; they could buy any judge ten times over.  
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8. Re: EU to Allow Digital Software Resales? Jul 3, 2012, 11:54 Slashman
 
Yeah something is going to give either way here.

I can't see Steam simply patching itself to allow you to rebundle your game and sell it. Although it is very possible to do on the platform, I can't see publishers being very happy campers about it and that is where the problems will begin.
 
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7. Re: EU to Allow Digital Software Resales? Jul 3, 2012, 11:43 SimplyMonk
 
...a licence agreement granting the customer the right to use that copy for an unlimited period...

You now only own a license for one year. Enjoy.
 
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6. Re: EU to Allow Digital Software Resales? Jul 3, 2012, 11:35 RailWizard
 
Sounds like a sudden outbreak of common sense.

I don't believe it.
 
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5. Re: EU to Allow Digital Software Resales? Jul 3, 2012, 11:31 eRe4s3r
 
No part of a EULA is binding in the EU unless it is challenged before a court. If they added this phrase it would directly violate this EU directive....

But this decision is about selling user licenses, like you buy a license to use something, you have the right to resell it. It will be indeed interesting to see how this is handled in practice, because it is not possible to do that for technical reasons (the way the DRM works). In best case, this would make this kind of DRM illegal, now that'd be a huge whopping change indeed, one I'd be totally in favor of
 
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4. Re: EU to Allow Digital Software Resales? Jul 3, 2012, 11:29 Shok
 
Companies will just start giving away the games and requiring subscriptions to play. Peter Moore may have been right...  
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3. Re: EU to Allow Digital Software Resales? Jul 3, 2012, 11:28 nin
 

Ha - post from RPS:

Anyone want to buy Diablo 3?

hehehehehehehe...

 
http://www.nin.com/pub/tension/
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2. Re: EU to Allow Digital Software Resales? Jul 3, 2012, 11:19 Techie714
 
This is the last thing business in the U.S. wants to see. EA & Valve have no interest in you reselling your games. Hell, the rumors are all around that the next consoles wont allow resale of games. I could be wrong though. It would open the door to new business models in the U.S.  
Avatar 25373
 
Steam (ID)
http://steamcommunity.com/id/techie714/
DEAD SH0T
Keep your privacy!
http://prism-break.org/
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1. Re: EU to Allow Digital Software Resales? Jul 3, 2012, 11:18 nin
 
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".

Either way, it's something I'd love to see steam do, even if it's just trading...

 
http://www.nin.com/pub/tension/
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98 Replies. 5 pages. Viewing page 5.
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