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Reselling of software (EU)


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#1 Sesua

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Posted 09 December 2012 - 06:44 PM

Back in July of this year the EU high court upheld consumers rights to resell software, see case UsedSoft vs Oracle - http://curia.europa....t=1&cid=5213884

Less legalese:
http://www.zdnet.com...ope-7000000189/
http://arstechnica.c...oaded-software/

Re: GW2.
I understand that ArenaNet issue refunds (within 6 mths?) if bought from their site, I'm curious if anyone has tried to see if they abide by the decision above, particularly if a key or disc was bought elsewhere.
I guess one would have to ask for their account to be closed and a new key to be issued which could be passed on the buyer?

What does this mean for places like Steam, or Apple's app store?

For some reason I can't see companies making it an easy process for those that do ask for their right to resell.

#2 DarkGanni

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Posted 10 December 2012 - 09:24 AM

This is the reason I never give in to DRM, being a gamer I always buy original games in retail but always use a pirated version to play the game, that way I can easily resell my copy if I don't like it anymore.

However I can see this a big headache and probably a huge disagreement for steam, origin and the likes.

Keep this in mind: For such companies it's not easy cause one can easily backup the game files > ask steam (through an automated process) to remove the key and sell it to someone else > 2nd buyer gets the key, does the same as 1st buyer > and pass on piracy across steam's own back.

Edited by DarkGanni, 10 December 2012 - 09:24 AM.


#3 Waar Kijk Je Naar

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Posted 10 December 2012 - 03:44 PM

View PostDarkGanni, on 10 December 2012 - 09:24 AM, said:

Keep this in mind: For such companies it's not easy cause one can easily backup the game files > ask steam (through an automated process) to remove the key and sell it to someone else > 2nd buyer gets the key, does the same as 1st buyer > and pass on piracy across steam's own back.
Still, simply putting back the files in the steam folder doesn't make it possible to play the game. Anyway I think they got this covered

Quote

The court also held that after reselling the software, the previous owner must render his own copy of the software inoperable. Oracle had argued that this would be impossible to enforce in practice. But the court noted that this difficulty isn't unique to online software sales—the same problem arises when a customer resells a CD or DVD after using it to install software on his own computer.

I may be mistaken here, but I think it only means you are allowed to resell the software. The company which provides the software doesn't have to make this possible. So unless Valve provides a way to sell your "used" games individually or revoke a game and get the key back, you won't be able to sell them. You can still sell your Steam account as a whole though.

Edited by Waar Kijk Je Naar, 10 December 2012 - 03:45 PM.


#4 dawdler

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Posted 10 December 2012 - 09:04 PM

View PostSesua, on 09 December 2012 - 06:44 PM, said:

What does this mean for places like Steam, or Apple's app store?
Absolutely nothing at all. Worst case scenario, they have to spend some time to find a new way to bypass our rights.

What game companies has been doing for the past decade in their license agreement has always been and will always be illegal, at least in my country. Its not a legal document by our law, you cant just have someone click a "yes" button expect it to hold up in court. You need a physical or digital signature, linked to your physical person.

But nobody cares, because its more important to hunt the scary pirates and 3rd party resellers that ruin sales and make PC developers loose so much money its not viable to create games anymore. Because PC gaming is clearly dying, nobody buys games today.

Edited by dawdler, 10 December 2012 - 09:06 PM.


#5 Waar Kijk Je Naar

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Posted 11 December 2012 - 08:56 AM

View Postdawdler, on 10 December 2012 - 09:04 PM, said:

But nobody cares, because its more important to hunt the scary pirates and 3rd party resellers that ruin sales and make PC developers loose so much money its not viable to create games anymore. Because PC gaming is clearly dying, nobody buys games today.
Valve disagrees.

#6 Krazzar

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Posted 11 December 2012 - 06:55 PM

View PostWaar Kijk Je Naar, on 11 December 2012 - 08:56 AM, said:

Valve disagrees.

They also have a system with which people can trade games freely, including licenses. https://support.stea...=6748-ETSG-5417




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