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Brian9824 19 września 2019 o 9:21
French courts rule that Steam cannot ban resale of 'dematerialised' games
https://www.pcgamer.com/uk/french-courts-rule-that-steam-cannot-ban-resale-of-dematerialised-games/

Likely to be appealed and if not steam can just ignore it and pay the fine which would only be around $600,000. Will be intresting to see if this triggers any changes and how that would work with regions and publishers who are not located in france.

German Courts disagree with French Courts in their rulings here - https://www.rockpapershotgun.com/2014/02/10/german-court-rules-against-rights-to-resell-steam-games/

EU Video Game Trade Body also disagree's with France's stance on it - https://www.pcgamesinsider.biz/news/69716/european-video-games-trade-body-says-frances-steam-ruling-flies-in-face-of-eu-law/
Ostatnio edytowany przez: Brian9824; 24 września 2019 o 8:09
Początkowo opublikowane przez Tito Shivan:
Początkowo opublikowane przez Count_Dandyman:
Given German courts already ruled against the resale of games under the same EU rulings that the French are ruling for them with I predict a long battle up the chain before we get a definitive answer.
The German ruling (I guess you''re talking about the VZVB vs Valve lawsuit) is just a national ruling. It doesn't really create jurisprudence at an European level. Just like the French ruling does.
Unless any of those suits is brought up to the CJEU for them to make a ruling (I.E. Usedsoft vs Oracle) it's not really 'EU Law'

Other than that I'll keep the same advice I've used on similar demands or requests in similar subjects.

Beware what you wish for, because you may get it

Doubt French users will be able to start reselling their games tomorrow but it's certainly a Pandora box of unforeseen consequences.

Początkowo opublikowane przez fauxtronic:
The problem is that it has set a precedent
It's a national court. It doesn't set a precedent at a European level. They'd have to bring the case to higher tribunals to have the CJEU to set a ruling which does set precedent at an EU level.

Początkowo opublikowane przez fauxtronic:
But that presents another problem: By complying with the ruling, they risk losing publishers who don't want their games listed on platforms which allow them to be resold.
They'd be bound by the same ruling regardless. They could try to fight it and force a lawsuit upon them too but once there's a proper ruling on the matter (and unless a superior court overturns it) the lawsuit is on the fast lane for the same ruling.

The lawsuit was against Steam, but every other service (Origin, Epic, Uplay, Google Play, iTunes, W10 Store, BNet, Any developer Storefront...) Would have to follow suit too if asked to on France (or fight a brief lawsuit to have a tribunal force them to comply)

Początkowo opublikowane przez cinedine:
The gist of the German ruling is that Steam provides services that cannot be transferred. There'd be no problem for them to let you transfer the game license to another account. However, associated service - like using Steam to download the game - are a different issue. Note the subscription part in "Steam Subscription".
The lawsuit also was the VZVB requesting Valve to comply following the Usedsoft Vs Oracle ruling. And the tribunals denied it on the grounds that -unlike the EU ruling case- games were not purely 'software' which meant IP protection laws also applied to games unlike proper 'software' (like productivity software) licenses.
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McGillicutti 29 września 2019 o 11:43 
Początkowo opublikowane przez Tito Shivan:
Początkowo opublikowane przez Erebus:
There is a third side, which neither gov'ts nor individuals seem very good at understanding: "what is actually good for people."
Making laws is the art of making compromises. And since no issue is one sided you try to end up with a middle ground satisfactory enough for all the parts involved.

People working as game developers are as much people as game buyers. Just like there's not one kind of 'gamers' there's no one kind of 'people'.
Hence why finding what's good for 'people' is so hard.

Początkowo opublikowane przez brian9824:
It would be like me saying hey, i'm looking into a way to give everyone in the world a million dollars for free.
If everybody had a million dollars, a million dollars would have no value.

Exactly on both counts but adding to the first....

And that's the issue I have. We've enough of a "wall' between Publishers and Developers and it doesn't need to be any worse. But it will be, I guarantee you, when a court does what the French court did. Everyone runs to their own corner and, well, the length of this thread illustrates the instant claim of the point based on what people identify with in the ruling. We end up in camps, fixed locations of sides of people in temporary agreement but opposed to each other solely because a court stopped us in our tracks with a ruling that brought us to a difference of opinion.

There's no need for new laws on this. No need for any to compromise. What is needed is a solution that denies the courts opportunity to jump in, a solution that denies any complaint made or complaint thereof (a petition and petitioner for those more used to those terms).

Sure the legal insertion can happen without it but then the obvious political purpose is revealed and "court jesters" tend to not want to destroy the brand of the court system as some mechanism of prestige and operating without any bias whatsoever. It can be and has been good, do not get me wrong, "but every good thing comes to an end" is as easy as when it stops performing as it once did and starts performing differently. This French ruling is an effort to create a difference in action of the legal mechanisms, in the mechanics of legality and lessen legal institutions as though there's a limitation of rights possible versus exploring possibility of expanding rights and opportunity to all involved, an act that would not expand the State which they would never do. That's why I am so verbose in my rejection of it hahaha (I had to come up with an excuse :p ).
Ostatnio edytowany przez: McGillicutti; 29 września 2019 o 11:44
TorMazila 29 września 2019 o 11:48 
Początkowo opublikowane przez fauxtronic:
By complying with the ruling, they risk losing publishers who don't want their games listed on platforms which allow them to be resold.

In the end we'll get something like you "rent a game" or alike.

NevY™ 29 września 2019 o 11:56 
Write "+rep" in my profile pls
Erebus 29 września 2019 o 12:30 
Początkowo opublikowane przez Ganger:
Początkowo opublikowane przez Erebus:
There is a third side, which neither gov'ts nor individuals seem very good at understanding: "what is actually good for people."

Neither governments nor individuals seem to put a whole lot of thought into consequences much of the time...

Nailed it on the head. In greater manchester now, students 16 - 18 year old now get free 24/7 bus travel for only £10 a year. Great for the students, more money for them in the long run. But the consequences are we tax payers are now paying more in council taxes to pay for this free travel.

Or even with the suger tax we now have the UK to combat obesity. Sounds good to try to help reduce obesity and keep healthcare costs down but it's hardworking people who now have to pay more money for a can of coke etc....

With companies paying lowest workers minimum wage, it is these people who suffer the most because it just means less money for them to spend.

You can never win, someone will always lose. The rich bring in these types of ideas but they are not affected by it.
It's kind of like the insurance situation here. Ultimately the money has to come from somewhere. Throwing everyone on "medicare" like some want will just mean medicare covers much much less for the people that really seriously need it. Everyone's taxes will skyrocket to attempt to cover it, or the gov't will just add it to the list of things it's majorly sinking into debt over.

Not all of it is solely medical care being price hiked either, some of the stuff that is covered by diff things is just phenomenally expensive to make/perform/supply because aspects have to be customized to the patient.

This (being used game sales) is just another arena where side-issues aren't necessarily properly considered. The road to hell is paved with good intentions and all that.

Hell, if a government really wants to do something "pro-consumer" how about one of them pursue judgments/legislation on DRMs/protection schemes, "after <x> period for <x> class of products it should be removed". Or some assurances of access should be given. That'd mean a ♥♥♥♥ ton more than selling used licenses, and it wouldn't tank everyone''s business model as a possible consequence.
McGillicutti 29 września 2019 o 12:43 
Początkowo opublikowane przez Erebus:
Początkowo opublikowane przez Ganger:

Nailed it on the head. In greater manchester now, students 16 - 18 year old now get free 24/7 bus travel for only £10 a year. Great for the students, more money for them in the long run. But the consequences are we tax payers are now paying more in council taxes to pay for this free travel.

Or even with the suger tax we now have the UK to combat obesity. Sounds good to try to help reduce obesity and keep healthcare costs down but it's hardworking people who now have to pay more money for a can of coke etc....

With companies paying lowest workers minimum wage, it is these people who suffer the most because it just means less money for them to spend.

You can never win, someone will always lose. The rich bring in these types of ideas but they are not affected by it.
It's kind of like the insurance situation here. Ultimately the money has to come from somewhere. Throwing everyone on "medicare" like some want will just mean medicare covers much much less for the people that really seriously need it. Everyone's taxes will skyrocket to attempt to cover it, or the gov't will just add it to the list of things it's majorly sinking into debt over.

Not all of it is solely medical care being price hiked either, some of the stuff that is covered by diff things is just phenomenally expensive to make/perform/supply because aspects have to be customized to the patient.

This (being used game sales) is just another arena where side-issues aren't necessarily properly considered. The road to hell is paved with good intentions and all that.

Hell, if a government really wants to do something "pro-consumer" how about one of them pursue judgments/legislation on DRMs/protection schemes, "after <x> period for <x> class of products it should be removed". Or some assurances of access should be given. That'd mean a ♥♥♥♥ ton more than selling used licenses, and it wouldn't tank everyone''s business model as a possible consequence.

To me, what makes that work, is an amortization system could be distilled in relation to the value of the Intellectual Property over time, and introduce a "salvage value" like they have on physical items. The difference being the salvage value is asserted against any renewed interest in a title that's long exhausted its use and/or usability, but as a matter of assuring something that returns to those who hold rights to the properties in the virtual "dematerialized" product.

Essentially a lump sum, possibly declining annual payment method that sets a final "expiration" scope to the inherent right but values it as though for a longer term, this would compel Developers to make higher quality hires due to the upfront expense that may be a part of the business.

Then even after the entire ammortization is paid, over the agreed to lifecycle of the product's viability in hardware, software, and operating systems as projected and estimated, the salvage value is a residual that continues to be retained forever.

Just an example of possibilities and potentials, of methods to gain what we want and for those who do the actual work to get what they want, while assuring what may be the most obscure market potential isn't overlooked on behalf of the Intellectual Property owner. Where they're long gone, a bk company, a designer or whoever and their heirs are no longer, the salvage value has a minimum value claimed by the computer industry, an amount that may even be donated from time to time to charity.
Ostatnio edytowany przez: McGillicutti; 29 września 2019 o 12:45
Count_Dandyman 29 września 2019 o 12:51 
Początkowo opublikowane przez Tito Shivan:
Początkowo opublikowane przez Erebus:
There is a third side, which neither gov'ts nor individuals seem very good at understanding: "what is actually good for people."
Making laws is the art of making compromises. And since no issue is one sided you try to end up with a middle ground satisfactory enough for all the parts involved.

People working as game developers are as much people as game buyers. Just like there's not one kind of 'gamers' there's no one kind of 'people'.
Hence why finding what's good for 'people' is so hard.
Thinking about it you could say that it shows a lot that France has a minimal game development industry and favours allowing the resales while Germany with it's more robust development industry is against it.
Crazy Tiger 29 września 2019 o 12:56 
Początkowo opublikowane przez Count_Dandyman:
Początkowo opublikowane przez Tito Shivan:
Making laws is the art of making compromises. And since no issue is one sided you try to end up with a middle ground satisfactory enough for all the parts involved.

People working as game developers are as much people as game buyers. Just like there's not one kind of 'gamers' there's no one kind of 'people'.
Hence why finding what's good for 'people' is so hard.
Thinking about it you could say that it shows a lot that France has a minimal game development industry and favours allowing the resales while Germany with it's more robust development industry is against it.
Aye. Funnily enough Ubisoft only has its HQ in France, while it has 2 dev studios in Germany (for Anno and Far Cry).
Radene 29 września 2019 o 13:38 
I suggest we wait a few years for the final rulings.
Turbo Nozomix 29 września 2019 o 15:04 
Początkowo opublikowane przez Ganger:
Początkowo opublikowane przez Dr.Shadowds 🐉:
It's only Steam for now, they do plan to target everyone else later afterward if they get Steam to bow to them, right now Steam trying to appeal it.

So valve has to do all the leg work and spend money while others like epic, battlenet standby and watch from the fence, seems abit upset on valve to be honest.

Valve is the biggest, most used, and the longest-existing platform. Naturally, they are the primary target.

If France decides that platforms must facilitate people's ability to resell their games, then it doesn't matter which platform the ruling is against, as it applies to the law in France and all platforms operating in France will have to abide by it otherwise they'll face lawsuits for more serious offences than what Valve is being accused of, and that carry bigger punishments than what the ruling against Valve imposes.

Początkowo opublikowane przez UnderdogPsychosis:
Początkowo opublikowane przez McGillicutti:

The sad part though is there will already be work on some alternative planning for the future, more than there had been. Some may try to change the market to make the ruling meaningless, like move to the entirely leased, or even rented (and even more temporary), system.
We rent our music, We rent our Film's and Series now. We will absolutely be renting all of our games soon. People don't realise how good being able to sell our games will be for the common user but meh, Save the Indie game devs bla bla bla.

I don't know about you, but I buy my music and my movies. The existence of streaming and subscription music and movie services hasn't stopped music and movies from being sold, it's only given people a choice of whether they want to pay for a streaming subscription or flat-out buy their music and movies. It will be the same with games.

Początkowo opublikowane przez Ganger:
Początkowo opublikowane przez McGillicutti:

The sad part though is there will already be work on some alternative planning for the future, more than there had been. Some may try to change the market to make the ruling meaningless, like move to the entirely leased, or even rented (and even more temporary), system.

This is why companies will do their hardest to push out streaming.

Im on valves side here with this case. Even though I over 400+ games on steam, I know it will do more harm than good for we gamers down the line.

Yeah, gaming platforms and publishers are making lots of streaming and subscription game services right now... but that had been talked about and aimed for by publishers for ages and was implemented before the Paris High Court judgment, and so, it was always going to come, anyway. But that doesn't mean games will stop being sold.

As I've written in previous posts, there are ways for platforms to pretty much hold their revenue lines along current standards. The services of platforms are unavoidable in a 2nd-hand market and so their ability to charge fees for their involvement in a 2nd-hand market is also unavoidable. Putting a 40% retail-value of a game fee on the 2nd-hand activation of any game, and sharing that 40% with the publisher along normal revenue-split lines, would do a lot to control a 2nd-hand market and protect indie and small developers.

And then there are ample fee opportunities involved in selling a game: Listing, payment processing, and de-activation fees.

I notice that the typical FUD about the market disruption a 2nd-hand market would pose presumes that the disruption specifically means that there would be no adaptation to it by platforms and publishers and that suddenly only 2nd-hand games would be available. It's like watching The Road Warrior, where everybody supposedly decided to not rebuild but to just mod and drive around in their modded cars all the time and act crazy, and it all just happens somehow despite them being in a desert with no food production and no means to extract oil and make gas (there's just a magical never-exhausting supply of old cars with enough gas remaining in them around).

Well, that scenario, just like the FUD of the existence of a 2nd-hand games market, isn't realistic and isn't plausible or even possible. In reality, when disruption occurs, so does adaptation. A 2nd-hand market doesn't mean that platforms and publishers are suddenly unable to make money, especially when 2nd-hand market games still need to be activated with those platforms. It just means they set up new revenue avenues that apply the second-hand market. And that idea isn't new. Microsoft originally planned to do it with the Xbox One, I think there have been cases where the multiplayer component of 2nd-hand console games required an additional activation-pass purchase in order to use.
Ostatnio edytowany przez: Turbo Nozomix; 29 września 2019 o 15:20
Turbo Nozomix 29 września 2019 o 15:13 
Początkowo opublikowane przez cSg|mc-Hotsauce:
Początkowo opublikowane przez Tito Shivan:

Well, there's actually a precedent for that.

GMG Actually tried that years ago. It didn't work out.

How's Robot Cache doing?

:taloslol:

https://en.wikipedia.org/wiki/Robot_Cache

Interestingly, Robot Cache is founded by PC RPG genre legend, one of the pioneers of PC gaming, and former PC games industry publisher, Brian Fargo - who is now CEO of InXile Entertainment (Wasteland 2, Torment: Numenera, Bard's Tale IV, Wasteland 3,), which is now owned by Microsoft.

Their website is still up, and it has an option to sign up for early access:

https://robotcache.com/

And their latest blog post is from 1 month ago:

https://www.robotcache.com/blog


So, clearly not all game developers are against reselling games.


By the way, GoG outright says that people own the games they purchase through GoG. So, even some publishers are supportive of game ownership rights.
Ostatnio edytowany przez: Turbo Nozomix; 29 września 2019 o 15:16
Γαῖα 29 września 2019 o 15:14 
Acquiring and owning assets for possible resale is essential for everyone and to use piracy as a reason to restrict certain sales when we all know the truth is it would cause a loss of profit if gamers traded or sold games is pretty weak.
To further cement this fact already we are witnessing shifts towards subscriptions, free to play that requires add ons and a slow down in making sequels that now come with yearly season passes so as to capitalise more profit than you would get with just a complete base game.
Its no ones fault besides those who develop to pick a trade that is too labour intensive and time consuming to be of consistent value over time. Its an even bigger slap in the face when you count we are talking out of thin air products or infinite stock rather than those using natural resources which places real meaningful value on a product.
Its more than possible to safely trade or sell games via keys and its long over dew for the industry to make it happen once again.
cSg|mc-Hotsauce 29 września 2019 o 15:15 
Początkowo opublikowane przez Turbo Nozomix:
Początkowo opublikowane przez cSg|mc-Hotsauce:

How's Robot Cache doing?

:taloslol:

https://en.wikipedia.org/wiki/Robot_Cache

Interestingly, Robot Cache is founded by PC RPG genre legend, one of the pioneers of PC gaming, and former PC games industry publisher, Brian Fargo - who is now CEO of InXile (Wasteland 2, Torment: Numenera, Bard's Tale IV, Wasteland 3,), which is now owned by Microsoft.

Their website is still up, and it has an option to sign up for early access:

https://robotcache.com/

And their latest blog post is from 1 month ago:

https://www.robotcache.com/blog

We've been talking about it on and off for 2 years now. There have been many "sell games" threads.

:qr:
Turbo Nozomix 29 września 2019 o 15:17 
Początkowo opublikowane przez cSg|mc-Hotsauce:
Początkowo opublikowane przez Turbo Nozomix:

https://en.wikipedia.org/wiki/Robot_Cache

Interestingly, Robot Cache is founded by PC RPG genre legend, one of the pioneers of PC gaming, and former PC games industry publisher, Brian Fargo - who is now CEO of InXile (Wasteland 2, Torment: Numenera, Bard's Tale IV, Wasteland 3,), which is now owned by Microsoft.

Their website is still up, and it has an option to sign up for early access:

https://robotcache.com/

And their latest blog post is from 1 month ago:

https://www.robotcache.com/blog

We've been talking about it on and off for 2 years now. There have been many "sell games" threads.

I'm not sure what you mean by "There have been many "sell games" threads", in relation to Robot Cache. Are you saying their service is already functional for reselling games?
cSg|mc-Hotsauce 29 września 2019 o 15:19 
No. Quite a few users over the years have been asking to sell their games. We used to get one every week or 2.

:qr:
Dr.Shadowds 🐉 29 września 2019 o 15:29 
Robot catch has been in the works for two years, and I wonder how they're going to even pull it off to substantiate themselves with 5%, and handle the resells of the market, on top of that makes me wonder if they're going to be able to support payments options, or are they going to do same thing as Epic and pass on the fees to the consumers having to pay even more. It's pretty interesting they also want to use people PC to mine for Bitcoin, and reward you with tokens instead of getting bitcoin, which is optional of course. But I wonder how many people willing to even want to mine to pay for their games, or instead end up mining for the coin themselves to get the full profit of mining.
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