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New Digital Software EU Law - How Will It Affect Games?


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http://www.eurogamer.net/articles/2012-07-03-eu-rules-publishers-cannot-stop-you-reselling-your-downloaded-games

 

 

A good article on what this mean: http://www.gamerlaw.co.uk/2012/07/legality-of-second-hand-sales-in-eu.html

 

Essentially, digital software will be treated no differently to on-disc software in terms of legally selling it on.

 

The person who sells it on must make their copy unusable, and the person they sold it to must be able to download it to the publisher.

 

The problem that exists is that there really isn't a way to buy or sell licenses like this at the moment. It also seems unclear if digital distributors will have to build the functionality to sell and buy off others within their software?

 

For example, if one steam player sells software to another person, how will Valve have to manage this transfer? They can't legally stop it, but surely sending all the details required to prove that you want to transfer the software to another person would requite a large amount of moderation and time from the company to check?

 

Of course, one option for these companies would be to include a "second hand" market in their respective stores. This way items could be transferred instantly and they can make sure the original owner can't access it any more.

 

It also still sounds like there's a lot of defining to so. Of course, this applies to software outside of gaming (PC and mobile apps...not sure if it applies to digital music but I think it does)

 

It will be interesting to see how this progresses.

 

Still, making our digital purchases tangible like real items is a good thing...unless it causes a price increase. Also, Epic are going to really hate this news - not even their digital content is safe from the "horrors" of second hand selling.

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I am afraid this could cause a price increase. What if software vendors stop selling licenses in bulk so that the buyer doesn't then undercut them? Suppose they could just choose not to sell it to them any more, or have some sort of "only cheaper if you don't sell it on" agreement, if that is legal.

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What if software vendors stop selling licenses in bulk so that the buyer doesn't then undercut them?

 

Retail software sold in shops is already sold in bulk, and they can be undercut by doing this. It's no different to any physical product sold in bulk. Even pineapples.

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Not read the background, but I imagine this'll throw things into whack. Dirt cheap games on Steam? Even dirtier and cheaper second hand now. Humble Bundles? Out the window/humongous profit makers. Digital distribution is very different to retail due to the fact it's a tangible product, a big part of profit in digital distribution is the fact these costs don't exist, but this will surely cause problems for companies too? I probably wouldn't mind though, could sell half my steam library that I don't even play and turn a penny or two maybe :D (though this also raises the fact that people might be more willing to re-sell their products, not being held back by the whole 'having a tangible copy' thing)

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Retail software sold in shops is already sold in bulk, and they can be undercut by doing this. It's no different to any physical product sold in bulk. Even pineapples.

 

Untrue. The principle of economies of scale doesn't apply to Weetabix, Cuban cigars, pineapples and a box of 6 Chicken McNuggets (but not boxes of 10, obviously).

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