Games Companies can't stop resales of used digital licenses

[Ctuchik]

http://curia.europa.eu/jcms/upload/docs/application/pdf/2012-07/cp120094en.pdf

GAME UK gonna go on a suing spree now?

What makes me wonder the most though is if this will prevent MMO companies from banning sold accounts...

Have quite a few never to be played again MMO accounts i wouldn't mind selling for a few quid...

 

[Shagrat]

blimey, that could have loads of implications

 

[MYstIC G]

Yeah I literally just saw this on RPS: http://www.rockpapershotgun.com/2012/07/03/crikey-eu-rules-you-can-resell-downloaded-games/

That'll kick a lot of things in the teeth. I wonder how happy Sony are now about buying Gaikai.

 

[Ch3tan]

I see this having no impact to a lot of services, as they don't have the infrastructure in place within their products to allow you to sell your digital content. I don't see Valve for example implementing, at their own cost, a way for you to trade games and cost them profit.

 

[Shagrat]

Just lots of MMO accounts appearing on eBay

 

[Krazeh]

Don't see how the ruling would change anything to do with MMO accounts. The ruling seems to relate to the redistribution of copies of a program, not the selling of accounts.

 

[Scouse]

Don't see how the ruling would change anything to do with MMO accounts.

Your account is a licence.

But:

blimey, that could have loads of implications

Easy get-around:

Where the copyright holder makes available to his customer a copy – tangible or intangible – and at the same time concludes, in return form payment of a fee, a licence agreement granting the customer the right to use that copy for an unlimited period, that rightholder sells the copy to the customer and thus exhausts his exclusive distribution right. Such a transaction involves a transfer of the right of ownership of the copy.

Simply amend your EULA to have an expiry date. Say ten years. The software isn't "unlimited" in usage - so nice for Oracle - but for corporates (the major licence buyers) there's no effective change.


Smoke and mirrors.

 

[Raven]

EULAs have never been tested in a court. Most of them are full of utter bullshit... for MMOs anyway.

Besides the fact that you don't get to see EULAs in MMOs until you have already bought the game, created your account and installed the game. At which point they refuse to refund you anyway for consuming the product.

 

[BloodOmen]

just seen it aswell @ http://arstechnica.com/tech-policy/2012/07/top-eu-court-upholds-right-to-resell-downloaded-software/

 

[DaGaffer]

EULAs have never been tested in a court. Most of them are full of utter bullshit... for MMOs anyway.

Besides the fact that you don't get to see EULAs in MMOs until you have already bought the game, created your account and installed the game. At which point they refuse to refund you anyway for consuming the product.

^This. Fact is most EULAs are already illegal under UK law (Unfair Contract Terms) precisely because you don't get to see the contract in advance of purchase. As games move to digital distribution exclusively, it will actually get easier to comply with contract law.

 

[BloodOmen]

So hang on, confused now.. does this mean I can sell my WoW account legally? just been reading the WoW forums and there was a few posts on there about this and they all say you still can't sell MMO accounts legally as they don't fall under this law because

"

No.​

The WoW account you pay for is a license to ​

use servers​

, not a license to ​

use a software​

. Subtle distinction, but it breaks this."​

 

[Ormorof]

seems like slight twisted logic - by their logic then freeshards which force you to use legit licences would be perfectly ok

 

[old.Tohtori]

So hang on, confused now.. does this mean I can sell my WoW account legally? just been reading the WoW forums and there was a few posts on there about this and they all say you still can't sell MMO accounts legally as they don't fall under this law because

"

No.​

The WoW account you pay for is a license to ​

use servers​

, not a license to ​

use a software​

. Subtle distinction, but it breaks this."​

That's true, you buy the software and then you pay so that your account has access to a server. The MMO games sold in the store are actually useless and could be arguedd to be scams

One might argue that it's a simple transfer of the payer when selling an account, but the thing is the account is still owned by Blizzard so you're renting it with their permission. Switching it over to someone else would be like selling a rented car without the company knowing about it.

 

[Ormorof]

actually it would be more like taking a fee to transfer a rental to someone else, in any case it would only really be possible with the actual owners permission (regardless of whether its a house, car or in this case an MMO account)

I believe Blizzard have repeatedly stated that the subscription is a rental fee for the account and in no way does the user actually own any of the content or the account (it may not stand up in court though i guess!)

 

[Chilly]

WoW accounts are not unlimited licences anyway. You have to pay every month. Would be nice to sell off all the shit games I have in steam for £1 each.