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Old 07-04-2012, 09:55 PM   #1
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You can sell resell digital games in Europe

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EU rules publishers cannot stop you reselling your downloaded games

By Wesley Yin-Poole Published 3 July, 2012

No matter what EULA you agreed to.





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.
The ruling in more depth:
"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 prohibits a further transfer, the rightholder can no longer oppose the resale of that copy."
There is one condition, however. If you resell a license to a game you have to make your copy "unusable at the time of resale". Now you will do that, won't you?
"If he continued to use it," the Court explained, "he would infringe the copyright holder's exclusive right of reproduction of his computer program. In contrast to the exclusive right of distribution, the exclusive right of reproduction is not exhausted by the first sale."


SOURCE - http://www.eurogamer.net/articles/20...wnloaded-games

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Old 07-05-2012, 10:45 AM   #2
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Why do they not do this in America?
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Old 07-05-2012, 11:22 AM   #3
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Yeah, we want this in America!!!
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Old 07-05-2012, 11:53 AM   #4
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Old 07-05-2012, 11:58 AM   #5
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Why do they not do this in America?
Probably because most of the companies anal about used game sales are from America
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Old 07-05-2012, 12:04 PM   #6
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Finally EU does something good B)
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Old 07-05-2012, 07:24 PM   #7
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Does this mean EU can trade to people in the US? or is it strictly europe to europe??
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Old 07-10-2012, 01:51 PM   #8
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This brings so many things into question. For instance if we can do it with games, then should we be able to do it with music or software. Though I like the idea, I see a huge distinction between digital and physical copies. How can you really resell data. I know you own that data but without the actual hard copy where is the line where you do and do not own it.

This is great for gamers and not so great for the companies. Thing is that when it comes to reselling used games. The developers take a huge hit on margins. You should always support these companies and let them know you appreciate them. You do that by sometimes buying the new games.
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Old 07-10-2012, 04:22 PM   #9
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Quote:
Originally Posted by nintnedowiiu View Post
This brings so many things into question. For instance if we can do it with games, then should we be able to do it with music or software. Though I like the idea, I see a huge distinction between digital and physical copies. How can you really resell data. I know you own that data but without the actual hard copy where is the line where you do and do not own it.
You usually don't own things when they are digital! For example, on steam you don't actually own any of their game, you just have a license to play them! Although this does specifically say used licenses so it should count for reselling!

Quote:
This is great for gamers and not so great for the companies. Thing is that when it comes to reselling used games. The developers take a huge hit on margins. You should always support these companies and let them know you appreciate them. You do that by sometimes buying the new games.
No
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Old 07-10-2012, 07:29 PM   #10
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Quote:
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This is great for gamers and not so great for the companies. Thing is that when it comes to reselling used games. The developers take a huge hit on margins. You should always support these companies and let them know you appreciate them. You do that by sometimes buying the new games.
This seriously wouldn't be a problem if people would give them a percentage of sales to publishers and developers, and I'm not talking about sales from your local Ma 'n Pa(is that how you say it?) gamestores, garage sales, flea markets/swap meets and etc., but multimillion dollar coporations like those of Gamestop, EB Games, GAME, or maybe even Best Buy, who thrive on used game sales.
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