Pre-owned games suffer legal threat

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shinrabanshou

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#51 shinrabanshou
Member since 2009 • 8458 Posts


You have yet to claim how it is a fallacy.

JLF1

Here.

It's already a presumption that this ruling will have ramifications on games.

To presume that it will result in an effect on automobiles, based on making the license on software that runs a car non-transferrable, on the assumption that the software is currently licensed at all anyway, is a slippery slope.

Essentially you and others are saying that such a ruling will have far reaching ramifications on every single piece of machinery with a microprogram control module, when the likelihood of it doing so are not high.

To presume that it will result in an effect on automobiles based on "copyrighting a car" as you originally did is outlandish.

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JLF1

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#52 JLF1
Member since 2005 • 8263 Posts

[QUOTE="JLF1"]
You have yet to claim how it is a fallacy.

shinrabanshou

Here.

It's already a presumption that this ruling will have ramifications on games.

To presume that it will result in an effect on automobiles, based on making the license on software that runs a car non-transferrable, on the assumption that the software is currently licensed at all anyway, is a slippery slope.

To presume that it will result in an effect on automobiles based on "copyrighting a car" as you originally did is outlandish.



Um, every car-model is copyrighted already.

As I said before. They could very well only sell you the right to use the car and not the rigth to own the car. There is nothing that is preventing them from doing that.

Will they? That's hard to say.

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hoola

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#53 hoola
Member since 2004 • 6422 Posts

I don't care because i don't play on consoles.

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jhcho2

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#54 jhcho2
Member since 2004 • 5103 Posts

That article was only refering to AutoCAD. AutoCAD is a licensed software, unlike a game. A licensed software is something like Unreal Engine 3. If you 'buy' Unreal Engine 3 from say...Epic, you do not become the owner of the engine, but rather Epic is granting you the license to use their engine, but adhering to their rules. Softwares like AutoCAD, Soild Edge, ANSYS, HYSYS or any other simulation/drawing softwares are examples of licensed softwares. The AutoCAD license even requires you to pay monthly (per computer installed with the software).

It's a different thing altogether. Think about it, if i bought CryEngine 3 from Crytek, do you think Crytek would allow me to sell it over the internet to any Tom Dick and Harry? Of course not.

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shinrabanshou

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#55 shinrabanshou
Member since 2009 • 8458 Posts

Um, every car-model is copyrighted already.

JLF1

You generally don't copyright a car design, you file a design patent. It's not the same thing. If a manufacturer were to utilise copyright as a form of protection, they couldn't sell you a license to use the car, they would be licensing you the design of the car - which makes no sense in the context of this ruling.

It's been brought up above the software in control modules may be protected by copyright. Even with that in mind, it's still a slippery slope of an argument.

I'll reiterate that it's essentially saying that such a ruling will have far reaching ramifications on every single piece of machinery with a microprogram control module(s), including such things as cars, when the likelihood of it doing so are not high.

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Bigboi500

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#56 Bigboi500
Member since 2007 • 35550 Posts

What about older used games? Are they gonna try to bust in to people's houses and confiscate used games out of people's collections? :lol:

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blue_hazy_basic

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#57 blue_hazy_basic  Moderator
Member since 2002 • 30854 Posts
[QUOTE="testfactor888"][QUOTE="cobrax25"]

If more people in general are buying less games due to them being more expensive overall it would mean less profits in the long run for game companies. Honestly I can't prove my theory it is just my own opinion and I am not trying to state it as a cold hard fact. We will just have to see what happenstestfactor888

Thats **** you get virtually nothing off for buying a game Used as it stands right now anyway. I doubt that a $5 price increase is going to prevent many people from buying a product.

Its alot more than 5 dollars on average for the used games I purchase. I buy used games for around 5-15 dollars usually. I save generally 30-40 dollars off game prices. I don't wait a week though I tend to wait 6 months to a year before I purchase a game. I have alot of patience

You are actually a drain on the gaming industry. You provide nothing to developers or publishers. Used games are as harmful as piracy.
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blue_hazy_basic

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#58 blue_hazy_basic  Moderator
Member since 2002 • 30854 Posts

What about older used games? Are they gonna try to bust in to people's houses and confiscate used games out of people's collections? :lol:

Bigboi500
Small scale used games transfers were never an issue. Its when it becomes and industry in itself (ie gamestop) that it becomes a problem.
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JLF1

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#59 JLF1
Member since 2005 • 8263 Posts

[QUOTE="JLF1"]Um, every car-model is copyrighted already.

shinrabanshou

You generally don't copyright a car design, you file a design patent. It's not the same thing. If a manufacturer were to utilise copyright as a form of protection, they couldn't sell you a license to use the car, they would be licensing you the design of the car - which makes no sense in the context of this ruling.

It's been brought up above the software in control modules may be protected by copyright. Even with that in mind, it's still a slippery slope of an argument.

I'll reiterate that it's essentially saying that such a ruling will have far reaching ramifications on every single piece of machinery with a microprogram control module(s), including such things as cars, when the likelihood of it doing so are not high.

Hey, I'm not saying it will happen. It is a possibility in the future though and as I've said before a worst case scenario. Long after used games, books and DVDs have become illegal.

I just don't like it that some people are arguing that it is no big deal. For one it could mean that every game, book or DVD you own will become worthless.


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JLF1

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#60 JLF1
Member since 2005 • 8263 Posts

You are actually a drain on the gaming industry. You provide nothing to developers or publishers. Used games are as harmful as piracy.blue_hazy_basic



And I will use the old and tired yet fully valid counter-argument:

I take it that you don't buy any product used then? :)

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blue_hazy_basic

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#61 blue_hazy_basic  Moderator
Member since 2002 • 30854 Posts

[QUOTE="blue_hazy_basic"]

You are actually a drain on the gaming industry. You provide nothing to developers or publishers. Used games are as harmful as piracy.JLF1



And I will use the old and tired yet fully valid counter-argument:

I take it that you don't buy any product used then? :)

Very few ... nothing I can think of recently.

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shinrabanshou

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#62 shinrabanshou
Member since 2009 • 8458 Posts

Hey, I'm not saying it will happen. It is a possibility in the future though and as I've said before a worst case scenario. Long after used games, books and DVDs have become illegal.

I just don't like it that some people are arguing that it is no big deal. For one it could mean that every game, book or DVD you own will become worthless.

JLF1

I do think it is a major development, with regard to DVDs, books, CDs, video games, and the resale, loan or rental of these items.

I don't think it will have any impact whatsoever on cars, dishwashers, washing machines, toasters, etc. and it's an unnecessary argument. The actual things it affects are significant enough themselves.

----

Personally, I doubt it will affect me significantly, as I largely buy new and horde things forever.

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JLF1

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#63 JLF1
Member since 2005 • 8263 Posts

[QUOTE="JLF1"]Hey, I'm not saying it will happen. It is a possibility in the future though and as I've said before a worst case scenario. Long after used games, books and DVDs have become illegal.

I just don't like it that some people are arguing that it is no big deal. For one it could mean that every game, book or DVD you own will become worthless.

shinrabanshou

I do think it is a major development, with regard to DVDs, books, CDs, video games, and the resale, loan or rental of these items.

I don't think it will have any impact whatsoever on cars, dishwashers, washing machines, toasters, etc. and it's an unnecessary argument. The actual things it affects are significant enough themselves.

----

Personally, I doubt it will affect me significantly, as I largely buy new and horde things forever.



Keep that in mind when you want to buy a game that you missed but they've stopped printing it.

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JLF1

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#64 JLF1
Member since 2005 • 8263 Posts

[QUOTE="JLF1"]

[QUOTE="blue_hazy_basic"]

You are actually a drain on the gaming industry. You provide nothing to developers or publishers. Used games are as harmful as piracy.blue_hazy_basic



And I will use the old and tired yet fully valid counter-argument:

I take it that you don't buy any product used then? :)

Very few ... nothing I can think of recently.



Keep that in mind when you buy your first (or next) house or the next car.

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blue_hazy_basic

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#65 blue_hazy_basic  Moderator
Member since 2002 • 30854 Posts

[QUOTE="blue_hazy_basic"]

[QUOTE="JLF1"]

And I will use the old and tired yet fully valid counter-argument:

I take it that you don't buy any product used then? :)

JLF1

Very few ... nothing I can think of recently.



Keep that in mind when you buy your first (or next) house or the next car.

I'm a home owner (built new 5 years ago) and just bought a new Sonata, next? :P

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dontshackzmii

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#66 dontshackzmii
Member since 2009 • 6026 Posts

i am so sick of company's trying to control the way we use software that WE PAID FOR

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Pixel-Pirate

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#67 Pixel-Pirate
Member since 2009 • 10771 Posts

[QUOTE="JLF1"]

[QUOTE="blue_hazy_basic"]

You are actually a drain on the gaming industry. You provide nothing to developers or publishers. Used games are as harmful as piracy.blue_hazy_basic



And I will use the old and tired yet fully valid counter-argument:

I take it that you don't buy any product used then? :)

Very few ... nothing I can think of recently.

So retro gamers and people who like games from the last gen are just as bad as pirates?

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Pixel-Pirate

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#68 Pixel-Pirate
Member since 2009 • 10771 Posts

I do find it funny that a capitalist system tries to introduce anti-capitalist laws like this.

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Rockman999

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#69 Rockman999
Member since 2005 • 7507 Posts

I don't have a problem with this since I don't buy used or sell my games. Sucks for Gamestop but they brought it on themselves and I hope they continue to burn for it.

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deactivated-59d151f079814

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#70 deactivated-59d151f079814
Member since 2003 • 47239 Posts

i am so sick of company's trying to control the way we use software that WE PAID FOR

dontshackzmii

You didn't buy it.. You bought license that ONLY YOU are suppose to use.. And you have no permission to offhandedly..

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xscrapzx

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#71 xscrapzx
Member since 2007 • 6636 Posts

So what happens to Gamefly?

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testfactor888

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#72 testfactor888
Member since 2010 • 7157 Posts

[QUOTE="testfactor888"][QUOTE="cobrax25"]

Thats **** you get virtually nothing off for buying a game Used as it stands right now anyway. I doubt that a $5 price increase is going to prevent many people from buying a product.

blue_hazy_basic

Its alot more than 5 dollars on average for the used games I purchase. I buy used games for around 5-15 dollars usually. I save generally 30-40 dollars off game prices. I don't wait a week though I tend to wait 6 months to a year before I purchase a game. I have alot of patience

You are actually a drain on the gaming industry. You provide nothing to developers or publishers. Used games are as harmful as piracy.

Aren't you just a sweetheart. The game industry will be harmed by this more than helped.

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xscrapzx

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#73 xscrapzx
Member since 2007 • 6636 Posts

What I don't understand is you paid to use it, so what is the issue with reselling and you forfeiting your rights to use it and simply giving it to someone else? The company already got the money for that product, and the person that an owner sold it to is buying from them for a reason, because they can't afford it at the price they are selling at. So I don't see where they are losing money.

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testfactor888

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#74 testfactor888
Member since 2010 • 7157 Posts

Guess this will just become another criminal industry. A black market for used games. Sounds kinda fun actually :P

Calling up someone on your phone asking if they got any copies of the new Halo used. Meeting them in a random parking lot to make the transaction. Both parties driving off with a smile on their face. Sounds interesting :)

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cantor2537

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#75 cantor2537
Member since 2007 • 431 Posts

Whether used games should be legal or not is a moot point. Comparison to cars is pointless. The point is this will drive up the cost of gaming. I remember when I was going through school, without much disposable income, I would go to Gamestop and buy tons of old PS2 used games. I'd get old editions of sports games for 99 cents. That was what brought me back to gaming. Now that I have money, I rarely buy used.

If the industry really wants to stop used games, then just sell digitally. Screw Bestbuy, gamestop and the middle man. If the 360 had an online store (which they do now) and sold new games as well and stopped digitally distributing, there wouldn't be a used market.

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Darth_DuMas

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#76 Darth_DuMas
Member since 2006 • 2687 Posts

I don't even mind publishers and developers getting more money if they can prevent the second hand market. What bothers me is that they use this to keep the price of games high.

While i'm on their side for most of the argument of second hand and definately against piracy, the problem is big companies want to have it all without compromise. I have a big problem with always having to pay full price. Many games are a lot shorter than they would have been last gen as well.

Look at how long Activision keep the prices of their games high. The main reason I didn't buy modern warfare 1 and 2 is because i'm not much of a multiplayer person and I heard the single player is really short... so why would I shell out over £30 (over a year after release for example) for that.

If after 6 months brand new games were £20, i'm happy with that. Thats seems fair for both sides. Early adopters pay full price of between £29.99 and £39.99 and 6 months later it's £19.99.

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deactivated-586249e1b64ba

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#77 deactivated-586249e1b64ba
Member since 2004 • 7629 Posts

What I don't understand is you paid to use it, so what is the issue with reselling and you forfeiting your rights to use it and simply giving it to someone else? The company already got the money for that product, and the person that an owner sold it to is buying from them for a reason, because they can't afford it at the price they are selling at. So I don't see where they are losing money.

xscrapzx

You want Game X. A new copy of Game X is being sold for Price Y. A used copy is being sold for Price Z. Price Z < Price Y. Those who aren't diehard gamers and/or who're comfortable with used game quality will buy used even if the difference between Price Z and Y is minimal. Game X which could've been bought new has been bought used. Money goes to Retailer W, not Developer V.

Guess this will just become another criminal industry. A black market for used games. Sounds kinda fun actually :P

Calling up someone on your phone asking if they got any copies of the new Halo used. Meeting them in a random parking lot to make the transaction. Both parties driving off with a smile on their face. Sounds interesting :)

testfactor888

It really does sound like fun. :lol:


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Espada12

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#78 Espada12
Member since 2008 • 23247 Posts

[QUOTE="blue_hazy_basic"]This is a win for gaming.testfactor888
Far from it actually. Most people do not have tons of disposable income. If they are forced to purchase every game new at full retail price they will just purchase less games. Also the used game market was a means of competition that drove some prices to more reasonable levels. This will also increase piracy Personally if this actually succeeds in eliminating the used game market than I am one customer who will likely be taking most of my money elsewhere. I doubt I am alone in that either. They will lose more money than they save with this decision

I don't see how this will hurt publishers at all, the way they see it people in your situation wouldn't be buying the game at all. Sure you would be buying less games but how many of those lost game sales would directly affect the publisher? As far as they are concerned it wouldn't affect them at all, only gamestop and other used sales. Either way, I hope that doesn't happen in gaming, alot of people are as you said, on tight budgets and that would hurt them the most.

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JLF1

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#79 JLF1
Member since 2005 • 8263 Posts

[QUOTE="testfactor888"][QUOTE="blue_hazy_basic"]This is a win for gaming.Espada12

Far from it actually. Most people do not have tons of disposable income. If they are forced to purchase every game new at full retail price they will just purchase less games. Also the used game market was a means of competition that drove some prices to more reasonable levels. This will also increase piracy Personally if this actually succeeds in eliminating the used game market than I am one customer who will likely be taking most of my money elsewhere. I doubt I am alone in that either. They will lose more money than they save with this decision

I don't see how this will hurt publishers at all, the way they see it people in your situation wouldn't be buying the game at all. Sure you would be buying less games but how many of those lost game sales would directly affect the publisher? As far as they are concerned it wouldn't affect them at all, only gamestop and other used sales. Either way, I hope that doesn't happen in gaming, alot of people are as you said, on tight budgets and that would hurt them the most.

People aren't stupid. They are not going to pay $60 for something that is worthless. At least in the numbers they are know.

Publishers will not be hurt when people who only bought used won't be able to but there are a lot of people that a paying the $60 simply because they can sell it back for $20-15.

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testfactor888

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#80 testfactor888
Member since 2010 • 7157 Posts

[QUOTE="Espada12"]

[QUOTE="testfactor888"] Far from it actually. Most people do not have tons of disposable income. If they are forced to purchase every game new at full retail price they will just purchase less games. Also the used game market was a means of competition that drove some prices to more reasonable levels. This will also increase piracy Personally if this actually succeeds in eliminating the used game market than I am one customer who will likely be taking most of my money elsewhere. I doubt I am alone in that either. They will lose more money than they save with this decisionJLF1

I don't see how this will hurt publishers at all, the way they see it people in your situation wouldn't be buying the game at all. Sure you would be buying less games but how many of those lost game sales would directly affect the publisher? As far as they are concerned it wouldn't affect them at all, only gamestop and other used sales. Either way, I hope that doesn't happen in gaming, alot of people are as you said, on tight budgets and that would hurt them the most.

People aren't stupid. They are not going to pay $60 for something that is worthless. At least in the numbers they are know.

Publishers will not be hurt when people who only bought used won't be able to but there are a lot of people that a paying the $60 simply because they can sell it back for $20-15.

That is actually very true. I don't know that many people who buy new games that don't sell them used for credit toward more new games.

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Timstuff

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#81 Timstuff
Member since 2002 • 26840 Posts
If someone can't afford to buy something brand new, and if the used market has been stamped out, they either won't buy it or they'll just download it illegally. Draconian DRM and EULAs only encourage piracy, not deter it.
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Bigboi500

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#82 Bigboi500
Member since 2007 • 35550 Posts

I do find it funny that a capitalist system tries to introduce anti-capitalist laws like this.

Pixel-Pirate

Welcome to the land of hypocrisy.

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tomarlyn

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#83 tomarlyn
Member since 2005 • 20148 Posts

[QUOTE="tomarlyn"][QUOTE="cobrax25"]Thats **** you get virtually nothing off for buying a game Used as it stands right now anyway. I doubt that a $5 price increase is going to prevent many people from buying a product.Hexagon_777

Maybe in america. In the UK the used games market has outstanding savings.

If you use price comparison websites in the United Kingdom, you can actually find new games for less than used games from places like Game and that is where people buhy the vast majority of their used games. That's what I've found anyway.

Gamestation gets a lot more used game hunters, their prices and deals are a lot better too. I've never found a cheap ''new'' game that hasn't already been out for years or not in some kind of ''deal of the week'', I decide what games to buy and when.
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deactivated-59d151f079814

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#84 deactivated-59d151f079814
Member since 2003 • 47239 Posts

[QUOTE="Pixel-Pirate"]

I do find it funny that a capitalist system tries to introduce anti-capitalist laws like this.

Bigboi500

Welcome to the land of hypocrisy.

These laws are hardly "anti-capitalist".. They protect their property.. People seem not to understand when you buy the game.. Your paying for the license that only you are suppose to use.. You can't use the game for your own profit or what not.. Its quite simple really.. This is intellectual property, and the real value you get with the game is not the disc, but the information upon it.

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blitzcloud

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#85 blitzcloud
Member since 2007 • 1229 Posts

Aren't you just a sweetheart. The game industry will be harmed by this more than helped.testfactor888

It's cooler when you provide arguments. Like for example, a guy not buying a game new and a guy not buying a game have essentially the same impact to the developer: zero profit. You could argue that by playing an used gears of war copy, they will buy gears of war2 new. But hey, they could also be unimpressed and not buy a geow2 copy, while maybe without trying the first they would have. Hypothetical cases are fun to make.

Although I believe we should actually be able to sell them secondhand. If we do it's 80% of the time devs fault. They make a product that doesn't live to the standards they claim and you are there with a broken promise and no way to get a refund. So this is the only way to teach them in those cases.

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xsalvioutlawx

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#86 xsalvioutlawx
Member since 2007 • 423 Posts

Do any of you guys even know how much AutoCad goes for? The newest edition can go up to 5 Grand.

Compared to a $30 dollar used game, there's a reason this went to court.

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testfactor888

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#87 testfactor888
Member since 2010 • 7157 Posts

[QUOTE="testfactor888"]Aren't you just a sweetheart. The game industry will be harmed by this more than helped.blitzcloud

It's cooler when you provide arguments. Like for example, a guy not buying a game new and a guy not buying a game have essentially the same impact to the developer: zero profit. You could argue that by playing an used gears of war copy, they will buy gears of war2 new. But hey, they could also be unimpressed and not buy a geow2 copy, while maybe without trying the first they would have. Hypothetical cases are fun to make.

Although I believe we should actually be able to sell them secondhand. If we do it's 80% of the time devs fault. They make a product that doesn't live to the standards they claim and you are there with a broken promise and no way to get a refund. So this is the only way to teach them in those cases.

I provided my argument earlier in the thread. Diden't feel the need to retype it.
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darthogre

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#88 darthogre
Member since 2006 • 5082 Posts

[QUOTE="PandaBear86"]I wonder if something similar will happen to used cars? :Sshinrabanshou

When you purchase a car, you purchase a car, not a license to use the car... :/

lol, and when we buy a game right now we are buying the disc......not a license to use the disc. This whole contraversy is centered around the fact that in the instruction manual it says you don't own this game you are buying a license to use it.......so with that in mind what's to stop car manufactures from saying the same thing in the car manual? I mean a car today is mostly run by a computer which has to have some sort of software on it right? It's ridiculous to make this arugment that we don't own the discs that we BUY lol. What we don't have the right to is to copy that software, that I completely agree. But this is a pretty slippery slope we are going down here. Movie stuidos will now be able to say their movies are only licensed to people so you'll NEVER be able to sale your DVD or Blu-ray again. If you don't think it will happen, I work with stuidos........they are just dying for something like this to happen.
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darthogre

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#89 darthogre
Member since 2006 • 5082 Posts
[QUOTE="xsalvioutlawx"]

Do any of you guys even know how much AutoCad goes for? The newest edition can go up to 5 Grand.

Compared to a $30 dollar used game, there's a reason this went to court.

But this has wider implications when a judge makes a general ruling like this. I'm telling you right now game developers and movie stuidos are licking their chops right now on how they plan to destroy the used market that they constantly blame for lost profits.
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Espada12

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#90 Espada12
Member since 2008 • 23247 Posts

People aren't stupid. They are not going to pay $60 for something that is worthless. At least in the numbers they are know.

Publishers will not be hurt when people who only bought used won't be able to but there are a lot of people that a paying the $60 simply because they can sell it back for $20-15.

JLF1

Do you have proof of this? Because as far I know most people buy new games to play them. If what you say is true then people will just stop gaming, and I highly doubt that's true.

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Dr_Corndog

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#91 Dr_Corndog
Member since 2004 • 3245 Posts
What needs to happen is that the law needs to be changed so that a company can't hold me to a one-sided agreement just by writing it inside a booklet. If I sign a paper saying I agree to something, obviously that's one thing. Or if the agreement is written on the outside of the box, so that I know what it says before I even buy the product. But it take some real gall to try to submit me to some terms and claim that I've "agreed" to them, when the terms are hidden inside a booklet that I can only read after purchasing the item, and when I've given no consent to the agreement whatsoever! It's a shame that kind of scam can be enforced legally.
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Michael0134567

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#92 Michael0134567
Member since 2008 • 28651 Posts

So is this just in the US?

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Bigboi500

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#93 Bigboi500
Member since 2007 • 35550 Posts

[QUOTE="Bigboi500"]

[QUOTE="Pixel-Pirate"]

I do find it funny that a capitalist system tries to introduce anti-capitalist laws like this.

sSubZerOo

Welcome to the land of hypocrisy.

These laws are hardly "anti-capitalist".. They protect their property.. People seem not to understand when you buy the game.. Your paying for the license that only you are suppose to use.. You can't use the game for your own profit or what not.. Its quite simple really.. This is intellectual property, and the real value you get with the game is not the disc, but the information upon it.

But it's so unAmerican to sell someone something and not let them own it. :o

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jun_aka_pekto

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#94 jun_aka_pekto
Member since 2010 • 25255 Posts

Most PC games nowadays have a blurb saying "acceptance of end user license agreement required to play" on the System Requirements. If it does take hold, console games may soon follow.

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donalbane

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#95 donalbane
Member since 2003 • 16383 Posts
Maybe if there wasn't a used game market, games would be cheaper. (Or at least not go up in price as much in the future.) I'd be for that since I mostly buy new anyway.