Second hand game sales are legal!!!

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deadpeasant

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#1 deadpeasant
Member since 2012 • 139 Posts

Check this article :http://www.newscientist.com/blogs/onepercent/2012/07/eu-court-rules-used-software-c.html

Surprised this isn't in a news article on the site here yet! Its huge for us gamers!

Or here it is copied to here:

Fancy a second-hand copy of Angry Birds? You could be in luck, as the Court of Justice of the European Union has ruled that software authorscannot prevent customers from reselling their products.

Software companies have long insisted that unlike books, DVDs or cars, computer programs cannot be resold because customers do no actually own them. Instead, you merely own a licence to use the software as governed by the End User License Agreement (EULA) - that big wall of text you normally click past without reading during the install process.

Most EULA's forbid resale of the licence, but the court's ruling, made in a case against software company Oracle, now says otherwise - "even if the licence agreement prohibits a further transfer, the rightholder can no longer oppose the resale of that copy."

Of course, one vital difference between software and books, DVDs or cars is that its incredibly easy to create an exact duplicate of every program on your hard drive, so what is to stop you copy-pasting all the way to the bank? Thankfully the court has thought of that as well - "an original acquirer... must make the copy downloaded onto his own computer unusable at the time of resale."

You don't even have to transfer the program from your computer to the buyer's, however, as the ruling says that once the licence is sold, the new owner can simply download a copy from the software vendor's website.

It remains to be seen what impact this ruling has, as there are currently no mechanisms in place for transferring software licenses on platforms such as the App Store or Google Play. Steam, one of the largest video game distribution services, does currently allow users to "gift" games to one another, so it might be easy enough to add a "sell" feature alongside.

Software firms are unlikely to take the ruling lying down though, as there is no reason for consumers to purchase new software instead of used - unlike physical goods, digital data isn't subject to wear and tear.

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sexyweapons

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#2 sexyweapons
Member since 2009 • 5302 Posts

SUCK ON THIS EA:twisted:

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PcGamingRig

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#3 PcGamingRig
Member since 2009 • 7386 Posts

I think they already knew that though, they weren't making it completely illegal to sell pre-owned games.

just charging us if we want to play online still.

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BuryMe

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#4 BuryMe
Member since 2004 • 22017 Posts

Good, I'm glad.

I still can't see wy people would be OK with used movies but not used games.

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deadpeasant

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#6 deadpeasant
Member since 2012 • 139 Posts

I think they already knew that though, they weren't making it completely illegal to sell pre-owned games.

just charging us if we want to play online still.

PcGamingRig

Thats true but the most important thing about this is that it establishes a legal precedent for anything that may happen in the future.

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Starshine_M2A2

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#7 Starshine_M2A2
Member since 2006 • 5593 Posts

So buying somebody's used game at a car boot sale would have been illegal? If you paid for it, it becomes your property. As long as your not taking liberties with the actual work, what you do with your own copy is nobody's business but yours, surely...

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WhiteKnight77

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#8 WhiteKnight77
Member since 2003 • 12605 Posts

Remember that this only affects those in Europe. Companies can still restrict used game or software sales in the US.

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Black_Knight_00

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#9 Black_Knight_00
Member since 2007 • 78 Posts
IF this becomes an enforced law and IF the user will be able to determine the reselling price this could: 1) spell the end of digital distribution or 2) make it even more filled with annoying DRM
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Spinnerweb

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#10 Spinnerweb
Member since 2009 • 2995 Posts
Nice. Never thought it was illegal anyway. We paid for it!
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BdogTheGamer

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#11 BdogTheGamer
Member since 2009 • 675 Posts

[QUOTE="PcGamingRig"]

I think they already knew that though, they weren't making it completely illegal to sell pre-owned games.

just charging us if we want to play online still.

deadpeasant

Thats true but the most important thing about this is that it establishes a legal precedent for anything that may happen in the future.

Same avatar :P
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Zeviander

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#12 Zeviander
Member since 2011 • 9503 Posts
Of course, one vital difference between software and books, DVDs or cars is that its incredibly easy to create an exact duplicate of every program on your hard drive, so what is to stop you copy-pasting all the way to the bank? Thankfully the court has thought of that as well - "an original acquirer... must make the copy downloaded onto his own computer unusable at the time of resale."deadpeasant
Like anyone would ever do that. >_>
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Black_Knight_00

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#13 Black_Knight_00
Member since 2007 • 78 Posts
[QUOTE="deadpeasant"]Of course, one vital difference between software and books, DVDs or cars is that its incredibly easy to create an exact duplicate of every program on your hard drive, so what is to stop you copy-pasting all the way to the bank? Thankfully the court has thought of that as well - "an original acquirer... must make the copy downloaded onto his own computer unusable at the time of resale."Zeviander
Like anyone would ever do that. >_>

Oh but they can enforce that through DRM. Make the game require online authentication every time you want to play it. It's legal for them to do it.