EU court rules gamers are free to resell digital games

The Court of Justice of the European Union has ruled that publishers are legally unable to stop people reselling digital games.

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“An author of software cannot oppose the resale of his ‘used’ licences allowing the use of his programs downloaded from the internet.”

The exclusive right covering the distribution of a copy of a game is “exhausted on its first sale,” said the ruling.

This means you are legally able to resell downloaded computer games, whether no matter where you bought it and no matter what EULA is associated with the retailer.

The ruling continues: “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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What do you Americans think about this?

 

Discussion Info


Last updated July 4, 2018 Views 35 Applies to:

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I hope the american courts rule this. its an amazing victory for gaming. this means a whole new market will open up. maybe PC games will now have a way to have game trade ins.

Im confused how you would actually sell a digital copy of a game whether it was legal to do so or not.  But its a fine ruling i guess in that property rights are very important and should be upheld.

I think they need to do the same thing here.  Especially since most peoples biggest fear with digital downloads is that you won't really own anything you buy.

[quote user="Sin Continuum"]

Im confused how you would actually sell a digital copy of a game whether it was legal to do so or not.  But its a fine ruling i guess in that property rights are very important and should be upheld.

[/quote]

I am confused too. I guess maybe they could just transfer a license for the game? I don't know how you would go about doing that.

well, i suppose you would sell the product key.. PC games are weird, the only thing that matters is the product key. its basically a code to download a game on xbox.. except you can use it everywhere... I wonder if this means you can download an EU arcade game on 360 and transfer it to another 360  whenever you want.

^^^^^ This was my point.  Just saying its legal to sell digital copies of games doesnt mean you can do it.  There has to be a system in place in order to facilitate the sale and transfer of license (or whatever) & game and at this point there isnt.  And in whose interest (other than users) is it to set a system like that up? So other than saying the publishers cant stop you from selling it, I dont see how people are actually going to accomplish it at the moment.  Long term I like the ruling though.

[quote user="US Revenge"]

well, i suppose you would sell the product key.. PC games are weird, the only thing that matters is the product key. its basically a code to download a game on xbox.. except you can use it everywhere... I wonder if this means you can download an EU arcade game on 360 and transfer it to another 360  whenever you want.[/quote]As I said in the other thread on the UK board about this subject, I could see Microsoft employing the same system they use with GFWL now if this does pass.

Essentially now with GFWL titles only the gamertag the product key was redeemed on can play the game. So if Microsoft do have to allow the reselling of digital products, expect them to change the DRM in such a way where only the purchasing account can play it instead of all the accounts on the console.

actually you can play any arcade game on 360. pirating an arcade game is very very easy, but if you are connected to XBL you are banned pretty much instantly. Maybe they won't be able to ban now when this happens?

I never buy anything digital, obviously I have to buy things like Minecraft, Dawnguard and Tony Hawks Pro Skater HD because they don't come as a hard copy, but I would never buy a full game on games on demand if it is in the shops.

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Same goes for music too, I'd rather buy an album as a CD rather than an MP3

[quote user="Marwood II 87"]I would never buy a full game on games on demand if it is in the shops[/quote]I would if it was economical. At the place it is now, using Games on Demand is 100% no go for me.

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