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German group sues Valve

Federation of German Consumer Organizations claims Steam users own the games they purchase and should be able to re-sell them.

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The Federation of German Consumer Organizations (VZBV) has filed suit against Half-Life maker Valve, claiming users should be able to resell the games they own.

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As reported by PCAdvisor, VZBV project manager Carola Elbrecht said Steam users should have the means to sell their digital wares, much in the same way that gamers can sell boxed products at their discretion.

"If I pay the full price for a game, then why am I not allowed to do with it what I want," Elbrecht said.

The VZBV reportedly warned Valve about potential legal action in September, but the company did not amend its practices to comply with the group's demands. Thus, the VZBV sued Valve in the District Court of Berlin this week.

A Valve representative told GameSpot that it has yet to see a formal complaint from the VZBV.

"We are aware of the press release about the lawsuit filed by the VZBV, but we have not yet seen the actual complaint," the company said. "That said, we understand the complaint is somehow regarding the transferability of Steam accounts, despite the fact that this issue has already been ruled upon favorably to Valve in a prior case between Valve and the VZBV by the German supreme court. For now, we are continuing to extend the Steam services to gamers in Germany and around the world."

The VZBV's prior legal entanglement with Valve went all the way to the German Federal Court of Justice. A judge ruled in 2010 that Valve's prohibition of user account transfers did not violate German law.

A European court ruled last summer that content creators can't prohibit post-purchase redistribution of work, no matter what end-user license agreement says.

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Avatar image for JustPlainLucas
JustPlainLucas

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What is the difference between selling a physical copy and a digital copy when both copies are the exact same code, just stored on different mediums? If a person can resell, say Far Cry 3 on the 360, then a person should be able to sell their copy of Far Cry 3 they got off Steam.

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moviequest14

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Edited By moviequest14

@JustPlainLucas Sadly it's not that simple. See... if I were to buy say... Resistance 2 new , play through it , and I want to re-sell it... I can sell it to a friend or game store , but there is a difference between the new and used copies. If someone wants to buy a game used they can get it considerably cheaper , but it might and likely will be missing an instruction booklet , have a couple scratches on the disc , a couple dents in the box , and it's not the same exciting experience as tearing off the wrapping. However there would be NO difference at all between a new and used digital game.. so users would have the option to purchase the exact same game new from Steam or cheaper used. Steam sales would PLUMMET , the company might as well close their doors now.

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ColdstoneX3

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@moviequest14 only way i can see this working out, is making a trade system, so you can trade between friends, or have a function that allows you to sell the game license back to steam in return for some Steam Credit or something, which allows you to purchase something new. This would allow steam to just sell the same license to another person, you got rid of a game you dont play anymore, and even got some credit to boot. Maybe not optimal, but at this point i dont see alot of good alternatives.

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Rjasper48

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@JustPlainLucas Valve is for the gamers. Trying to attack them is basically attacking the good of gaming. Hell, if you want to guide your assault, hit EA or Activision. Do something that matters and stop going after the most consumer conscious company in gaming.

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sogu2529

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@JustPlainLucas The people of Steam buy the game for a very low price most likely. The only reason they are ABLE to do that is Valve makes so much money, they can cut prices like crazy. Reselling on Xbox is one of it's perks, if people want to resell, buy on Xbox. If this lawsuit goes through and Valve loses, I have a feeling we will all realize what a huge mistake it is.


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the_hunger

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Edited By the_hunger

I invite you to read the Steam Subscriber Agreement (http://store.steampowered.com/subscriber_agreement/). There is absolutely no reason to believe that you will have access to your games if Steam goes out of business, or simply changes owners. I think that Valve makes its future plans very clear in the EULA: "Valve may cancel your Account or any particular Subscription(s) at any time."

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pottedPlant7p

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Edited By pottedPlant7p

Just an example to show how being allowed to resell digital downlaods be idiotic: Imagine a Steam game originally bought 40$ resold 20 times, for a dollar less every time:

- 19 users will have paid 1$ for the game (1st user buys it 40 and sells it 39 and so on)
- Steam will have uploaded said game 19 times for free, using a shitton of bandwidth
- Author only gets the intial 40$
- The digital download is still as new after the 20th sale, so isn't technically "used"

No publisher will ever want to release another game for PC if people are allowed to resell their Steam games like this.

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Pro-Aktivity

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Edited By Pro-Aktivity

@pottedPlant7p We're already allowed to resell console games from the very beginning, it hasn't deterred any companies from making games. Also your assumption that those 19 users would have otherwise paid full price seems flawed to me.

An idea would be for Valve(and Publishers) to regulate used sales through Steam and charge a fee. There's already a system in plays that allows people to gift other users games in their inventory. Seems like "relatively" small expansion on an already existing system.

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Rjasper48

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@Pro-Aktivity The difference is, on Valve we get games for $10. Xbox users pay $60 dollars and buy $100 worth of DLC that should have been included in the original copy of the game. Why in the world would I want to resell a game I bought for $10, when I save a bulk of money upon purchase. Everyone in support of this passing is completely blind to Valve's marketing.

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Pro-Aktivity

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Edited By Pro-Aktivity

@pottedPlant7p But again, as I mentioned in a prior post, the question should NOT be "How can we solve this problem by limiting consumer freedom?". Instead it should be "What is wrong with our business plan, that causes us to fail where other industries are still able to thrive?".

The used market has been there long before the game industry. What makes the game industry so special, that it makes them exempt from the used market? I would much other see them brainstorm other possibilities, instead of choosing the easy route of limiting consumer choice. It sets a bad precedent.

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pottedPlant7p

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Edited By pottedPlant7p

@Pro-Aktivity But I do think of myself as well. Publishers already hesitate to release games for the PC market due to piracy. What do you think will happen if this comes to pass? The platform will be entirely ignored.

And think of indie developers, you might be one someday. Buying an indie game is always a bit of a gamble and these devs don't have the means to create something you'll play for years. It will usually be over in an evening or two, with everyone looking to resell their copy. Steam as it is encourages the indie market and we get more original games as a result. It would effectively kill this market as well.

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Avatar image for Pro-Aktivity
Pro-Aktivity

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@Rjasper48 @Pro-Aktivity It's about choice. Most big budget games are only a couple of euros cheaper than consoles on release (not counting third-party steam key sellers). You choose to not resell your games, just like I could choose to resell mine.

Why would I as a consumer care about marketing from a company? Unless you work for Valve or have some form of attachment to the brand. You have little reason to see it from their perspective instead of your own as a consumer.

You should be far more interested in preserving your own rights and freedoms to do as you will with your purchases. Especially if digital distribution is to become a replacement for physical media.

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made_u_look

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@Pro-Aktivity Agreed there just seems a unwillingness to compromise on the topic of reselling games. And most that do gauge the consumer to make a little more profit on a old and used game. Pricing on games go down between 3 to 6 months anyways depending on its popularity.

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made_u_look

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Edited By made_u_look

@Pro-Aktivity And if game companies don't want there customers reselling there games they should implement better ways of keeping them playing it. Like for example Modding allow modders easier ways to mod it. I still play GTA IV, Morrowind because I mod it and make it interesting again. Companies like Ubisoft kinda when the opposite direction and implemented more ways to deter that.

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SenorKaffee2

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Actually it is not very hard for Valve to open up Steam for reselling games. They don't have to create a marketplace or other complicated systems. They only have to add this menu item to the client:

http://i.imgur.com/xqkXJfk.jpg

With a game back in the Steam inventory the user can use any platform to make a deal and negotiate any price with a potential buyers - just like with the good old spinning discs. They can even lend a game to a friend - gift the inventory item and gift it back. Just like giving a friend your box and expecting him to give it back on a trust basis.

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Rjasper48

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@SenorKaffee2 Why would I resell my digital copy and hurt Valve by doing so. Valve works off of a low price: high sales system. They cut prices greatly to sell mass quantities of games. It's mutual benefit for both consumer and company. However, if reselling of digital games were a reality, Valve would be forced to double the price of the game because the essential loss of 50% sales.

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lonewolf1044

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@funktail007 @d12dotcom @fanirama

The question should be who is responsible for support of that program that was resold to a second owner? Steam might turn around and say all support ended with the first owner and why should we offer any support to the second owner. Basically if Steam gets thier way and is not responsible for any resales, It will turn into buyer beware.

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Total_mischief

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Idiots. You pay for a license.

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shenhua1337

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@Total_mischief Ok, so why not resell that license? Smarty?

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sephsplace

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@shenhua1337 @Total_mischief ............*re-sells driving license*...........

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Ripper_TV

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@Total_mischief Why full price then?

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talamalopilis

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Edited By talamalopilis

@Total_mischief lol thats exactly what i thought

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Jinzo_111887

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Edited By Jinzo_111887

@reznor420 European courts disagree. Personally, I think EA and Sony need the kick in the crotch of a lawsuit more since they are not only using digital distribution, they're using online passes, too. Valve should have been a later target.

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lonewolf1044

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Edited By lonewolf1044

I wish them good luck in this but I do not see them winning anytime soon. The problem to me is that if someone wants to see thier game they may be able to sell the core game but not any pre-order bonuses that came with it and The company may not offer any support unless a fee is paid being any support that was offered was to the first owner and any owner after the first is not or will not be entitled to any support.

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Rjasper48

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@lonewolf1044 Again, Valve is for the consumer. They sell games for incredibly cheap and expect high sales. This is mutual benefit for gamers and Valve. However, you add digital resells, and the sales we love so much won't be as great.

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Jinzo_111887

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Edited By Jinzo_111887

@lonewolf1044 Who's to say this ruling won't apply to DLC as well? I really hope it does. I really want online passes and anti-used measures to die. I like have the option to buy/sell used, even though I try to buy new when possible.

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Muddrox_dev

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The concept of this lawsuit is retarded. How do you digitally resell something? Plus Valve is constantly throwing out great deals on games that the Xbox 360 doesn't on it's digital games. If people want to resell their game, then they can just get the retail version with a small inconvenience of a fifteen minute drive.

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jockie_chan

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@Muddrox_dev "How do digitally resell"... simple, ever heard of gifting a game on steam? Not much different.

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JacobNX01a

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i think that anyone that will sell great games dirt cheap should be able to do or not do anything they want

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Fandango_Letho

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Actually, I like how Steam works. Since I can't resell my games, it actually made me spend my money with more care. And guess what, I end up keeping my games, so a year later, I always come back to a handful of titles I would have, otherwise, hastily sold. Steam taught me moderation.

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pharomarc

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Finally, I use to always opt for the PC version of games (I own360,PS3,wii) but now games which uses Steam you can't sell, so I'll either pick the console version…or People can just open a new steam account for every game and just sell the game after they are done and give their email account and password they have used. Steam claim that it provided value to their customers, I think they are only talking about the game developers and not the gamers. Seriously why can you resell every other game you "OWN" except the ones that use Steam. I always thought gamers should start to take notice and talk about it or nothing is going to change. It is your game sell it when you want to.

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godofratz

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Edited By godofratz

@pharomarc Except you don't "OWN" it. You should read the fine print before clicking "I agree..." if you don't understand.

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pharomarc

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@godofratz @ @godofratz how about the game you own a hard copy of (CD,DVD) but need steam account to play. it is not like down loaded music but rather like owning the actual CD or Vinyl which you can resell any where. understanding the rules does not mean they are fair or set in stone. consumer have and will always sue companies for unfair practices.

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Pro-Aktivity

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@godofratz Why should we not be allowed to resell our purchases? The used market has been there long before the game industry. If it's hurting them so much, then maybe the better question should be "Where does our business plan go wrong?".

Also the "courts ignoring license agreement" seems like a backwards statement. Maybe the companies should have better taken existing consumer laws into account when writing their EULA's?

Simply accepting companies as having consumers best interest at hart seems crazy to me.

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Jinzo_111887

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@godofratz Unfortunately, America has a clause in the DMCA that allows circumvention of DRM on obsolete media. It could be argued that used products would fall in that category when they include DRM to stop used games is implement since it's reasonable to assume they would not work right without circumvention. I get the feeling that could be used against any company that tries to block used games on their consoles next gen.

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godofratz

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Edited By godofratz

@pharomarc @godofratz This is what developers have been fighting over for years because you are not supposed to be reselling but places like Amazon and Gamestop make a profit over it so they are fighting back and the courts decided it's was bad for the consumer when it's a physical copy. Amazon doesn't care because Amazon accepts no responsibility if your codes work or not, it's on you. Because the courts decided to ignore the language in the agreement more and more DRM are now being implemented in video games, thus stream. (I haven't bought a box copy since half-life because of the reason's previous mentioned - stores don't take back games if opened)

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pharomarc

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@godofratz the examples of games that require you to use steam and are not published by valve are so many to recount here. MafiaII, Batman arkhamCity come to mind

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pharomarc

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@godofratz what are you talking about? I sold all my PC games on amazon ( the ones that does not require steam or Origin)

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godofratz

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Edited By godofratz

@pharomarc @godofratz Even if you buy the retail PC game no store will take it back if the box is opened because it violates the agreement. You can not trade-in PC games because of this as well. You can try to sell it on the street but box copies(like downloadable copies) all have a KEY code that activates only for one user. All PC games are not resell-able because of this. Other than games published by Valve, what games absolutely require steam when you purchase it from a retail store?

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godofratz

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Hey guess what? You can't do this for downloadable music either. So why are video games any different?

Please post your dumb rant below.

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Total_mischief

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@godofratz BUT MY RIGHTS AND FREEDOM AND HARR HARR HURR

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d12dotcom

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@funktail007 @d12dotcom @fanirama Its not YOURS. Thats the point. There's no precedent for digital products and who owns what really, because its so recent. Customer service and brand integrity for Valve is already well above and beyond 90% of other devs/publishers.

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Atheosis

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Edited By Atheosis

This is what terms of service are for. If you download games on Steam you've already agreed to these limitations.

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SpLaT94

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@Atheosis "A European court ruled last summer that content creators can't prohibit post-purchase redistribution of work, NO MATTER what end-user license agreement says."

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Jinzo_111887

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@Atheosis Most ToS actually have a clause about being amended so it's legally binding. This means that if they aren't legally allowed to interfere with used games, but their ToS the games are not for resell, they will have to comply with the laws over the ToS and drop the anti-used measures.

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DeltaMike90

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I would have thought, if you don't like the terms and conditions, don't sign the contract. No-one's forcing them to use Steam.

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Dudeinator

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@DeltaMike90

Did you even read the article? It's the last sentence...:

"A European court ruled last summer that content creators can't prohibit post-purchase redistribution of work, NO MATTER what end-user license agreement says."


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jeffrobin

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Edited By jeffrobin

@DeltaMike90 Good point but I'm more worried about the idea rather than Valve or Steam. If everyone does this then where is your choice? If you like games you will have to do it their way. I don't want a future like that.

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luis4800

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@jeffrobin @DeltaMike90 I'll be more worried of a hacker hacking my account than reselling cheap games.

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