Information EU rules publishers cannot stop you reselling your downloaded games

[VentilatorOfDoom]

The EU Court of Justice ruled that publishers/developers must not prevent you from reselling your digital copies of games, Eurogamer reports.

The Court of Justice of the European Union has ruled that publishers cannot stop you from reselling your downloaded games.

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

The Court said the exclusive right of distribution of a copy of a computer program covered by the license is "exhausted on its first sale".

The ruling means that gamers in European Union member states are free to sell their downloaded games, whether they're from Steam, Origin or another digital platform - no matter what End User License Agreement has been signed.
The ruling continues: "Therefore, even if the licence agreement prohibits a further transfer, the rightholder can no longer oppose the resale of that copy."

The ruling suggests that if you've bought a license for a game off your mate, you're within your rights to download it from the publisher's website. "Therefore the new acquirer of the user licence, such as a customer of UsedSoft, may, as a lawful acquirer of the corrected and updated copy of the computer program concerned, download that copy from the copyright holder's website," the Court said.

Whether Valve and EA will make changes to their websites to reflect the ruling remains to be seen.

If Valve or EA want to sell games in the EU, they better learn to abide the law, or else.

There's another article covering the subject on Gamasutra.

Essentially, the court held that, under EU law, the right of software developers to control distribution of a piece of software – whether stored physically or digitally – is "exhausted" (i.e. lost) once the developer has been paid for it (known as a "first sale"). This means that developers lose the ability to prohibit any second hand sale.

However, if a second hand sale goes ahead then the first purchaser must stop using her copy of the software and render it unusable, because the developer's right to control reproduction of software is not exhausted on a second hand sale. In order to make sure that the first purchaser stops using the software she has sold on, it is permissible for the software developer to use "technical protective measures such as product keys".

 

[RK47]

yay more drm to monitor transfer of ownership between users.

 

[Mrowak]

yay more drm to monitor transfer of ownership between users.

Yeah... it is bound to impact GOG this way... M:

 

[WhiskeyWolf]

Now we just have to sack ACTA - the voting is today - and we have some serious EU incline overall.

EDIT: Look a RPStards bitch and moan "But because of this there will be less sales, the prices will go up!" Jesus, what fucking retards.

 

[Davaris]

Essentially, the court held that, under EU law, the right of software developers to control distribution of a piece of software – whether stored physically or digitally – is "exhausted" (i.e. lost) once the developer has been paid for it (known as a "first sale"). This means that developers lose the ability to prohibit any second hand sale.

Wow this is huge. I just realized this is not just about games, this is all software.

IMO, the majors are going to move everything into the cloud sooner, rather than later and there will be monthly fees, to use software instead of owning it outright. Not only will you be paying for the software, you will be paying for the hardware it is running on. I don't know if this will work out cheaper for the consumer, or more expensive in the long run, but I'd rather own something, than rent it.

 

[Mrowak]

You know guys... I got the feeling it will pressure the devs to change games from products to services and we will be fucked. Cloud Computing, here we come!

 

[Kz3r0]

You know guys... I got the feeling it will pressure the devs to change games from products to services and we will be fucked. Cloud Computing, here we come!

They were already doing it, this is like Phedophiles claiming that laws against child pornography increase child rape.

 

[Mrowak]

You know guys... I got the feeling it will pressure the devs to change games from products to services and we will be fucked. Cloud Computing, here we come!

They were already doing it, this is like Phedophiles claiming that laws against child pornography increase child rape.

No, my friend, this is just prediction of what might happen. Yes the shift is already present but all that his will do is spurrying it even further.

Don't get me wrong - I am glad that I will be able to sell my Steam games. I am just predicting what 'they' (publishers) will do to combat that, because let's face it - this is going to make them some major losses.

 

[Marsal]

You know guys... I got the feeling it will pressure the devs to change games from products to services and we will be fucked. Cloud Computing, here we come!

They were already doing it, this is like Phedophiles claiming that laws against child pornography increase child rape.

So Mrowak and pedophiles have similar rhetoric? Interesting...

 

[Angthoron]

You know guys... I got the feeling it will pressure the devs to change games from products to services and we will be fucked. Cloud Computing, here we come!

Well, EU service regulations aren't exactly lenient, either. It could be argued that even with this law, even if the providers were to adhere to it in full, would possibly be less of a pain in the ass than running a full-fledged service that adheres to EU regulations and standards.

Of course, we'd need someone that speaks legalese to say how it'd be.

 

[Davaris]

Another trend is free to play, online only games and getting people hooked on services sold within the games. The only other thing I think they could try, is renting games instead of selling them outright, with DRM to deactivate them, at the end of the time limit.

In the end, publishers will respond with whatever method makes them the most money. I don't think that response will be good for single player games.

 

[Morkar Left]

Another trend is free to play, online only games and getting people hooked on services sold within the games. The only other thing I think they could try, is renting games instead of selling them outright, with DRM to deactivate them, at the end of the time limit.

In the end, publishers will respond with whatever method makes them the most money. I don't think that response will be good for single player games.

That's all right. This ruling isn't responsible for it anyway. It was always like that in Germany. It's only reinforced by EU now.

 

[WhiskeyWolf]

Seriously, look at me and tell me if I give a fuck about "Cloud Computing". 95% of the game using this scheme will be pieces of shit anyway. Nothing of value will be lost.

 

[Davaris]

The best advice I've heard for devs that are worried about rentals, is to make games people want to keep. Case in point, I will never sell my Fallout.

 

[Jaesun]

The best advice I've heard for devs that are worried about rentals, is to make games people want to keep. Case in point, I will never sell my Fallout.

 

[SuicideBunny]

If Valve or EA want to sell games in the EU, they better learn to abide the law, or else.

valve actually allowed transfer of your already used games to different accounts at some point. gamersgate even advertised with the ability of being able to resell/transfer your gg games back when it still belonged to paradox. not sure if steam or gg still roll that way

 

[Gord]

For a service like Steam (or Origin, I guess) it would be pretty easy to implement.
Just remove the game from account A and unlock it on account B.

 

[DraQ]

The best advice I've heard for devs that are worried about rentals, is to make games people want to keep. Case in point, I will never sell my Fallout.

This. And if some devs decide to go this way instead of trying to get people to rent their cloud games it may still be massive incline.

 

[commie]

Green Man Gaming allows trading in old games, so it's not something fuck knows what difficult to implement.

So a few shitty 'AAA' devs won't get the tiny bit extra from selling their crap to another customer who would otherwise have bought it for a couple of dollars on a Steam sale. My heart bleeds. Maybe they should just dip into the marketing budget next time and actually make a decent game.

 

[DwarvenFood]

If Valve or EA want to sell games in the EU, they better learn to abide the law, or else.

valve actually allowed transfer of your already used games to different accounts at some point. gamersgate even advertised with the ability of being able to resell/transfer your gg games back when it still belonged to paradox. not sure if steam or gg still roll that way

Did Valve really had that implemented at one point ? Sure does not work like that these days, but I would love the option. All the games I will never play again or will never play period, I would gift away or swap. Good games would stay.

 

[SuicideBunny]

Did Valve really had that implemented at one point ? Sure does not work like that these days, but I would love the option. All the games I will never play again or will never play period, I would gift away or swap. Good games would stay.

i was certain they did, but upon googling it further, maybe my old man memory is playing tricks again.... gg on the other hand definitely did before the split with paradox.

 

[CappenVarra]

For a service like Steam (or Origin, I guess) it would be pretty easy to implement.
Just remove the game from account A and unlock it on account B.

I would love this to happen just so I can see the mental contortions the "steam isn't drm" brigade would resort to next

 

[mondblut]

EU, say bye to playing offline.

 

[Brother None]

Now we just have to sack ACTA - the voting is today - and we have some serious EU incline overall.

ACTA has been voted down by an overwhelming majority

 

[Carlos' Bitch1]

EU, say bye to playing offline.

Playing what? AAA rubbish?

Strangely enough, I said goodbye to that some years ago...