EU Court Rules That Downloadable Games Can Be Resold By Consumers

Discussion in 'GBAtemp & Scene News' started by luke_c, Jul 3, 2012.

  1. luke_c

    luke_c Big Boss

    Jun 16, 2008
    Land of England

    This looks like trouble for services such as Steam, Origin, GOG and even the PlayStation Store and Xbox Live Marketplace. An EU court, more specifically the Court of Justice, has ruled that publishers cannot stop you from re-selling games that you have bought and downloaded.

    "An author of software cannot oppose the resale of his 'used' licences allowing the use of his programs downloaded from the internet."

    This ruling effectively means that you could buy a game from Steam, complete it in a day and then sell it on straight away to a friend, regardless of any EULAs that have been signed by the consumer. This is a huge blow to corporations, but a massive step forward for gamers everywhere. Well; in the EU at least.

    For more in-depth information on the ruling visit the source link below.

    :arrow: Source
    1 person likes this.
  2. Guild McCommunist

    Guild McCommunist (not on boat)

    May 6, 2009
    United States
    The Danger Zone
    Man, now I won't have to waste all of those $5 I spent on that Steam game I got on sale. Fuck yeah being a cheap ass!
    2 people like this.
  3. RupeeClock

    RupeeClock Colors 3D Snivy!

    May 15, 2008
    This is going to cause a shitstorm of license management for literally EVERYONE, not just companies that sell digital games.

    Microsoft, Apple, Adobe, Norton, just about digital software produced for PC for example. They may have to accomodate ways for users to sell their digital copy to another and revoke their license.
  4. jalaneme

    jalaneme Female Gamer

    Nov 27, 2006
    Hopefully this will put a end to restrictive DRM, this is the only thing that is holding digital downloads back, especially on the ps3, you can't gameshare as Sony ban you for doing so.

    I hope in the future something can be done about forcing you to be online when playing a single player game, that is very annoying.
  5. raulpica

    raulpica With your drill, thrust to the sky!

    Oct 23, 2007
    PowerLevel: 9001
    1. Buy awesome game on Indie Bundle
    2. Wait for Indie Bundle to end
    3. Sell the uber-cheap game for normalprice-15%
    4. ????
    5. PROFIT !!!

    Additional step: buy more than one indie bundle, repeat steps for X number of copies for additional profit
    4 people like this.
  6. Hyro-Sama

    Hyro-Sama I'm from the fucking future.

    Oct 25, 2009
    After Earth
    How in the hell do you re-sell downloadable games?
    1 person likes this.
  7. jamesaa

    jamesaa The Prince of Insufficient Light

    GBAtemp Patron
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    Jan 8, 2006
    The problem I see here is that Steam/Origin need to include the ability for you to sell games (or at least a transfer licence thing), and I don't see that happening.

    I am also not too sure either if they lawfully need to include such an option or wether this law is more applicable to for example CD-Key like systems where you don't need to have your games tied to an account, where there wouldn't be anything stopping you from selling on a game other than the EULA.
  8. Rasas

    Rasas Banned

    Apr 7, 2010
    United States
    You pretty much sell your account. So you have a account with 1+ game on it pretty much. If you gameshare using one method for the PS3 you'll have a lot of accounts.
  9. Satangel

    Satangel BEAST

    Nov 27, 2006
    Bruges, Belgium
    QFT. It's weird but I just found out about this like yesterday, and now this (great) news comes up. You could trade accounts before, but it was a very shady way and people got banned sometimes by Steam.
    This is really a MAJOR hit for Steam and Origin and all that shit, no I can just buy a Steam acc with like 10 games on it for 20 USD (if I would buy those 10 games via Steam store, I would lose about 100 USD), and Steam can't do anything anymore to stop it.....
  10. Rasas

    Rasas Banned

    Apr 7, 2010
    United States
    Ya, you do risk getting banned but since if you do this frequently you'll only have one game on your account it isn't a big deal since you weren't going to go back and play it probably.
  11. EyeZ

    EyeZ GBAtemp Addict

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    Dec 4, 2009
    I should think not too, you paid your cash for the game, so that game becomes your property, and what you do with your own property is your business.

    I can see this becoming a minefield for downloadable games tho, especially with the Ubi Soft titles.
    1 person likes this.
  12. the_randomizer

    the_randomizer The Temp's official fox whisperer

    Apr 29, 2011
    United States
    Dr. Wahwee's castle
    That, my dear fellow, is why hackers are a godsend. They make those who paid for legit games not suffer for long; I once purchased Splinter Cell Conviction for the PC, then after a year, I had to reinstall Windows. Guess what? I couldn't obtain the license key Ubisoft gave for the game, I would have to buy the game again, so, I installed a patch that removed the DRM. And companies wonder why piracy is rampant.

    You know what they say, Karma is a real b**ch.
    5 people like this.
  13. qlum

    qlum Posting when needed

    Sep 25, 2008
    The Pirate Homeworld
    Actually as far as I know as part of a earlier statement keys may still be bound to accounts; it is just that selling your account would not be illegal nor would it be illegal what those cd key resellers are doing.
  14. Foxi4

    Foxi4 On the hunt...

    pip Reporter
    Sep 13, 2009
    Gaming Grotto
    Finally! It only makes sense that you should be able to sell something that you bought and own.
    6 people like this.
  15. TehSkull

    TehSkull Living the life

    Nov 29, 2009
    United States
    Here's where they have a chance to make things right.

    Steam, being a digital rights distributor, could easily make games tradeable and/or resellable. However, if they add a surcharge to all transactions of that nature, it would appease the courts, the copyright owners, and the users.

    I have no problem paying $2 to swap Steam games with someone if I know that $2 goes to developers.
    7 people like this.
  16. Hotzdevil

    Hotzdevil GBAtemp Fan

    Sep 7, 2009
    Dimapur, Nagaland
    This is a major hit for companies who have been slowly trying to ease their way into selling all their products (in this matter Games) online and not through Discs(whichever format) with one of their sole excuses being piracy, but now with this order it is gonna start biting them back in real painful way :yay:
  17. Guild McCommunist

    Guild McCommunist (not on boat)

    May 6, 2009
    United States
    The Danger Zone
    I'm sorry but this whole dickish attitude just gets to me.

    You're complaining about these companies trying to rip you off when they're selling you luxury products that you play. Then, to congratulate them for a product you enjoyed, you just spit in their face and try to "bite them back" by selling their products to someone else so they get jack squat. I don't care if you do game trading or something, but doing it with the attitude of "sticking it to the man" over a pure luxury product for things you enjoy is just really fucking annoying.

    I wish gamers would stop being complaining, bitchy assholes and just enjoyed the games they purchased instead of trying to spite the people who make their entertainment.
    2 people like this.
  18. Rydian

    Rydian Resident Furvertâ„¢

    Feb 4, 2010
    United States
    Cave Entrance, Watching Cyan Write Letters
    This is great news from a right standpoint (it's a blow to companies trying to remove consumer rights), but as stated it's going to be a hassle on companies like steam.

    Not surprised this is in the EU, which is known for this sort of thing (strong consumer protection laws, like the ones that came into play during the PS3 OtherOS removal situation).
    2 people like this.
  19. nando

    nando GBAtemp Addict

    Jan 1, 2008
    United States

    You can resell most software. some software tied specifically to a machine allows for the transfer between users.

    this may give Nintendo cold feet about selling retail games as downloads for the wiiu
  20. VMM

    VMM Hamon > Stand

    GBAtemp Patron
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    Our Patreon
    Jul 1, 2010
    Great news,
    it looks corporations will have a lot of trouble with this,
    but for almost every consumer, this could be nothing but good news