Could selling used video games become illegal!?

[LegoMan1031]

Just read this on IGN.

 

Following a protracted case involving the sale of second-hand software on eBay, the US Courts of Appeals for the Ninth Circuit has upheld the right of software companies to deny their customers the right to resell their products.

 

Although the court case revolved around AutoCAD, software for computer aided design, the knock-on effect could have huge implications for the used game market, as the judge reiterated that – "A software user is a licensee rather than an owner."

 

As video games are also subject to license agreements, the court ruling could potentially prevent users reselling their used games in the future, as well as putting rental companies under draconian restrictions.

 

http://uk.games.ign.com/articles/112/1120315p1.html

 

What do we all make of what this could mean in the future!?

[EEVILMURRAY]

Underground selling communities.

[Sheikah]

Increase in piracy. :p

[Oxigen_Waste]

If this actually happened, I'd pretty much stop buying games, as I pretty much don't buy anything new.

[Daft]

I rent most my games. Cheap as (stupidly expensive) chips.

[flameboy]

hmmm its murky ground. yes it could be argued that there is no precedent for this as videos/dvds/cds havn't had such laws applied to them, however once you've bought that product there is nothing else the transaction is complete, its yours to own. whereas in the current climate of online gaming for every user is it really too much to expect that yes the developer/publisher does make some money out of you to cover server costs over the next few years, NO it isn't.

 

You've never owned any game in the true meaning of the word own, much like you don't own PC software, you pay for that license and the permission to use it. Also you abide by the companies terms and conditions to access online features. Whats to stop them saying you must own an online license to play that game online? An online license would only come with a new copy obviously...you wouldn't buy a knocked off cheap second copy of a one time license piece of PC software and not expect to run into problems.

 

I don't think it will mean a rise in piracy either. You can pick up last years xmas titles for close to nothing as it is new so why bother with used? I very rarely pick up things used if I'm honest just wait for them to appear in a sale somewhere if I don't want to pay full price.

[Nolan]

The Ninth Circuit Court has the most over turned rulings in the country iirc, so don't get too worried just yet.

 

Just as long as other courts don't decide to follow lead with the EULA agreement holding up in court.

[Jimbob]

I'm not too fussed really, i do prefer to buy my games "new" anyway. That way they are guaranteed to work, and you are covered in the event it breaks or something. Stores always try and sell you a second hand/used copy because they make more money from the sale of that particular product.

 

It is true, we are not the owner of the game. The creator(s) are the owners, they just sell "copies". These can be classed as licenses to be fair.

 

If this ruling came into effect on video game re-selling, i think quite a few people will be affected. Namely those who just buy cheap to get points, then re-sell. Stores won't be able to make as much money as before, just on new merchandise. Would pawning them be classed as re-selling, because they would be affected as well if this is the case.

[Beast]

I would worry if this happened because most of my games are pre-owned and I buy my games pre-owned. The only two I didn't buy pre-owned were Modern Warfare 2 (totally not worth £40) and Super Street Fighter IV (worth every penny). I don't believe in paying £40 for a game that either won't take me long to complete or a game I lose interest in very fast. Unfortunately, this happened with me and MW2. I think £20-£30 is worth it for me depending on the game. I wouldn't pay £37 for Halo: Reach but I would pay £25. That's just me though.

[dwarf]

It's not gonna happen. It won't happen with DVDs either.

 

Srsly, nothing will change. I stand firm on this point.

 

 

[gothic_hobbit]

That would suck greatly. How about the people who collect retro games ?

Edited September 14, 2010 by gothic_hobbit

[Cube]

PC software has always been very different. You're buying a license, with games it's different. The only games this should affect is PC games.

[mcj metroid]

haha this isn't going to happen/ work

[Supergrunch]

It's very unlikely this will happen. However, before too long all games will probably be bought entirely digitally, meaning that buying a secondhand game will be about as easy as buying a secondhand game on WiiWare, or secondhand ebook for Kindle. I'm not sure how this will affect piracy though.

[stuwii]

Then every shop will turn round and say.. we won't sell your new games then, as no second hand market would shut all game shops. Would get very messy

[Raining_again]

if they did it they sure as hell would need to make new games cheaper!

 

How would places like CEX survive?

[flameboy]

Then every shop will turn round and say.. we won't sell your new games then, as no second hand market would shut all game shops. Would get very messy

 

Thats not gonna happen...So what stores like GAME, gamestation, gamestop )in the US etc...) can either lose a proportion of their sales profits or lose all of them? Plus that suits platform holders...push ahead with digital distribution plans, set up stores in major cities, exclusively sell through their own online stores. Only losers are the retailers...

 

if they did it they sure as hell would need to make new games cheaper!

 

How would places like CEX survive?

 

CEX always argue that their business model is adaptable and will always sell...theres always some crap to sell used that they can decide to start selling.

[ReZourceman]

This is going to happen.

[Ashley]

Since when did buying a game become a license rather than a purchase?

[Cube]

Since when did buying a game become a license rather than a purchase?

 

I think the more important question: When will the media stop bending things beyond the laws of physics in order to get attention?

[Goafer]

That would suck greatly. How about the people who collect retro games ?

 

Nothing will happen surely? Unless the original creators of the games can somehow collect up all their old games and write a licence into it saying that you can't resell it.

 

If there's no licence in/on the game, the player hasn't agreed to shit.

[EEVILMURRAY]

That would suck greatly. How about the people who collect retro games ?

You had your chance when they first came out. Weren't born/too young/etc? Blame Jesus.

[mcj metroid]

This is going to happen.

 

Then expect a dramatic increase in piracy.

[ReZourceman]

Then expect a dramatic increase in piracy.

 

Yaaaarggghhh.

[Pookiablo]

As long as it doesn't affect us retro gamers, then I don't really mind!