Bought some second hand games that say Product Key Already Activated - how to fix?

[electronicanaria]

Hi guys
I often pick up old games at the local car boot sale here in sunny Gran Canaria. A car boot sale may be called a flea market where you live, but you get the idea.. I get games for 1 or 2 euros and I am quite a fan of retro gaming. Some of the games I can activate the product on Steam and it often adds even more games to my library. However some say 'The code has already been activated by a different Steam Account and can not be reused' It says contact the retailer or online seller for advice but obviously that does not apply a I bought them at the flea market so there is no retailer, it's a private sale. So what do I do with these games? Obviously I do physically own the originals now so I do own the games. I did do a quick google just to be sure that is the case and it says under EU law these second hand games can be legally sold to me by the seller, and in buying them the purchaser does acquire the rights to play them.

This is what I googled

As with digital games, whenever you purchased a boxed product game, you were also granted a licence to access the copy of the game you purchased. However, unlike with digital games, you also actually acquired ownership of something tangible, namely the disc onto which the copy of the game was pressed. This, together with the application of a legal doctrine known as the "exhaustion of rights" principle (EOR Principle), meant that you were able to freely sell on any boxed product game you purchased as you saw fit and in so doing, transfer your licence to access the game itself to the purchaser.

The exhaustion of rights principle

The EOR Principle is reflected in two pieces of European legislation: the Information Society Directive (which applies to all copyrightable works) and the Software Directive (which applies specifically to software and computer programs).

Each of these Directives provides that the owner of the copyright in a work has the exclusive right to authorise or prohibit the distribution of that work. If, however, a copy of that copyrighted work is sold within the EU with the copyright owner's permission in exchange for the payment of a fee, the copyright owner's right to authorise or prohibit any further sales of that copy of the work within the EU is exhausted

So the law clearly says I own the rights to access the games. Why can't I activate the product with the key number?

[cSg|mc-Hotsauce]

How to fix it? You can't.

Don't buy 2nd hand games as keys are 1 time use only.

[J4MESOX4D]

Keys can only be used once. All you've done is buy some worthless installation discs and some numbers that have been consumed. Licences cannot be transferred so whoever sold you them was a nawty boy.

[electronicanaria]

EU law clearly says when I buy second hand physical games I do acquire the rights to play the game contained on the media (CD or DVD). So there must be a way to do that. Preventing me from registering the game would be illegal. Surely that can not be correct.

[electronicanaria]

Sorry guys but I am correct.

https://www.ccn.com/landmark-steam-ruling-opens-door-to-used-digital-games-market/

French courts have delivered a landmark ruling against video game retailer Steam that may be the first step towards turning the tide on the heavily-prohibited secondhand marketplace for "used" digital games. A three-year-long suit mounted by French consumer advocacy group UFC-Que Choisir against Valve, the…
Thomas Bardwell @TomBWrites

French courts have delivered a landmark ruling against video game retailer Steam that may be the first step towards turning the tide on the heavily-prohibited secondhand marketplace for “used” digital games.

A three-year-long suit mounted by French consumer advocacy group UFC-Que Choisir against Valve, the company behind the popular PC game digital storefront Steam, sought to remove several clauses in the platform’s user agreement. Much of the focus centered on those that prohibited the resale of digital games.
French Courts Rule Steam Restrictions Unlawful

The courts found that under EU law, users should be able to resell digital games, deeming the controversial Steam clauses unlawful. They argue that when a product passes on to the purchaser, the seller loses the right to restrict subsequent sales within the secondhand market.

In other words, game ownership passes on to the buyer.



Steam are legally required to allow me to access the games i purchased in the EU. How do I do it?

[Cathulhu]

That is only partially correct.
The part you missed is that those product keys are permanently linked to an account.
That is perfectly legal regarding EU law and is a case where transferring a product license is no longer possible.

Which is why every company now uses that way to fight second hand copies of their products. Even Microsoft by linking the product key to a Microsoft account.

The ruling in France is irrelevant. That was months ago and nothing changed, not even in France.

You wasted your money for some decorative coasters.

[kitt]

its not a EU Law neither is it a French law.. its might get one to that Point at some Point..

All the French Court did was deeming the Steam Agreement unlawful, nothing more.

[JPMcMillen]

Messaggio originale di electronicanaria:

EU law clearly says when I buy second hand physical games I do acquire the rights to play the game contained on the media (CD or DVD). So there must be a way to do that. Preventing me from registering the game would be illegal. Surely that can not be correct.

Steam doesn't do physical games. When you buy a physical copy of game on Steam all you are purchasing is a one time use key. If there is a physical disk with the actual game on it, you don't play the game from the disk, that's just for installing the game after the key has been activated. It's mostly for people with low/limited bandwidth. Personally, I've never used the disk because even if I did, the copy on it is probably already in need of a patch and that could take just as long as installing the current version from Steam, so I let Steam handle the install.

It sounds like that law was referring to console games where ownership is determined by having the physical media and in many cases is actually executed from that physical media. If you sell the game, you no longer have the ability to play it. But with Steam, if you sell the physical media you still have access to play the game as the disks aren't needed to play it. And the Steam TOS doesn't allow game keys to be transferred between accounts.

[The End]

Messaggio originale di electronicanaria:

Steam are legally required to allow me to access the games i purchased in the EU. How do I do it?

You bought a box and a DVD, the licens that came with that game is a one time use and is bound to another account, nothing you can do about it. BTW. I'm sure that Valve is living up to EU laws, if you think not, only one way to find out, talk to a lawyer.
If I were you, I would not waste the money and stop buying secondhand games unless you have a console.

[Nx Machina]

Messaggio originale di electronicanaria:

Hi guys
I often pick up old games at the local car boot sale here in sunny Gran Canaria. A car boot sale may be called a flea market where you live, but you get the idea.. I get games for 1 or 2 euros and I am quite a fan of retro gaming. Some of the games I can activate the product on Steam and it often adds even more games to my library. However some say 'The code has already been activated by a different Steam Account and can not be reused' It says contact the retailer or online seller for advice but obviously that does not apply a I bought them at the flea market so there is no retailer, it's a private sale. So what do I do with these games? Obviously I do physically own the originals now so I do own the games. I did do a quick google just to be sure that is the case and it says under EU law these second hand games can be legally sold to me by the seller, and in buying them the purchaser does acquire the rights to play them.

This is what I googled

As with digital games, whenever you purchased a boxed product game, you were also granted a licence to access the copy of the game you purchased. However, unlike with digital games, you also actually acquired ownership of something tangible, namely the disc onto which the copy of the game was pressed. This, together with the application of a legal doctrine known as the "exhaustion of rights" principle (EOR Principle), meant that you were able to freely sell on any boxed product game you purchased as you saw fit and in so doing, transfer your licence to access the game itself to the purchaser.

The exhaustion of rights principle

The EOR Principle is reflected in two pieces of European legislation: the Information Society Directive (which applies to all copyrightable works) and the Software Directive (which applies specifically to software and computer programs).

Each of these Directives provides that the owner of the copyright in a work has the exclusive right to authorise or prohibit the distribution of that work. If, however, a copy of that copyrighted work is sold within the EU with the copyright owner's permission in exchange for the payment of a fee, the copyright owner's right to authorise or prohibit any further sales of that copy of the work within the EU is exhausted

So the law clearly says I own the rights to access the games. Why can't I activate the product with the key number?

If you read what you googled it clearly states "meant that you were able to freely sell on any boxed product game you purchased as you saw fit and in so doing, transfer your licence to access the game itself to the purchaser".

It does not grant access nor confer rights to a secondary owner as the previous owner who activated the product on their account needs to transfer the license to you which is still linked and locked to their account. There is no mechanism in place nor right within law to allow the removal of a game code (license) from one account to another.

[Nx Machina]

Messaggio originale di electronicanaria:

Sorry guys but I am correct.

https://www.ccn.com/landmark-steam-ruling-opens-door-to-used-digital-games-market/

French courts have delivered a landmark ruling against video game retailer Steam that may be the first step towards turning the tide on the heavily-prohibited secondhand marketplace for "used" digital games. A three-year-long suit mounted by French consumer advocacy group UFC-Que Choisir against Valve, the…
Thomas Bardwell @TomBWrites

French courts have delivered a landmark ruling against video game retailer Steam that may be the first step towards turning the tide on the heavily-prohibited secondhand marketplace for “used” digital games.

A three-year-long suit mounted by French consumer advocacy group UFC-Que Choisir against Valve, the company behind the popular PC game digital storefront Steam, sought to remove several clauses in the platform’s user agreement. Much of the focus centered on those that prohibited the resale of digital games.
French Courts Rule Steam Restrictions Unlawful

The courts found that under EU law, users should be able to resell digital games, deeming the controversial Steam clauses unlawful. They argue that when a product passes on to the purchaser, the seller loses the right to restrict subsequent sales within the secondhand market.

In other words, game ownership passes on to the buyer.



Steam are legally required to allow me to access the games i purchased in the EU. How do I do it?

Did you buy digital games at the car boot? No it was physical games and the ruling in France is about digital games and is NOT law only a judgement and is stuck in the courts.

A french ruling is NOT law and that ruling is not EU wide only France.

[electronicanaria]

I don't think anyone owes me a game. I just discovered a couple of days ago that I could put the product keys from some of my old games into Steam and they add to my library and give me some other games as well. Great, I thought, that's a bonus. It worked with Sierra Half Life 1 and 2 episode one, which I have the physical disks. But then with some others Like , Battlefield 1942, The Orange Box (Half Life 2 Episode 2) , Counterstrike Conditon Zero, etc, I got his error that I could not redeem them.

I was really interested as to why that is the case so I googled to see if I actually legally own the physical media that I bought and the rights to play these old games contained on it and the law says yes I do.

Really this isn't a problem guys, normally I play these old games on real retro hardware (Windows 98, Windows XP rigs).

If i can still play these old school physical disks on my old school physical hardware, which isn't even connected to the internet anyway, then there is no reason I would need to redeem the keys in Steam, in fact a lot of these old games from the 90's don't even have keys. I was just interested to see what would happen if I did try redeem them.

I have a pile more of these old games and they only cost me 1-2 euros anyway it's not like they were expensive. So I can try those ones too as some did work already

I wasn't so much being controversial, I was more wondering why I got that error message and if I was trying to do something illegal.

Rich




Rich

[The End]

Messaggio originale di electronicanaria:

II just discovered a couple of days ago that I could put the product keys from some of my old games into Steam and they add to my library and give me some other games as well.

Your title on this topic say that it's games you bought used.

Messaggio originale di electronicanaria:

Bought some second hand games that say Product Key Already Activated - how to fix?

Messaggio originale di electronicanaria:

Battlefield 1942

BF1942 has never been redeemable on Steam, that you need to talk to EA/Origin about.

For the rest, if the key is used, there is nothing you can do, and if it's games you bought from new, you have another account with those games (The Orange Box had to be redeemed on Steam as far as I remember)

[Nx Machina]

Messaggio originale di electronicanaria:

I was really interested as to why that is the case so I googled to see if I actually legally own the physical media that I bought and the rights to play these old games contained on it and the law says yes I do.

Each physical disc (if applicable) was supplied with a unique code (license), thereby prohibiting the activation of more than one copy, which you found out by not been able to activate.

There is no mechanism in place nor right within law to allow the removal of a game code (license) from one account to another.

You own the physical disc (second hand copy) but the license is linked to the original purchasers account.

[electronicanaria]

Yeah. When I says 'some of my old games' I mean some that I bought years ago. Probably best part of 20 years ago in some cases, But hey are all physical games i own.

Thanks for the help though I am understanding it better now. Battlefield 1942 did say invalid key as did one or two others i just tried.

I went through my old games, the vast majority don't have activation keys. The ones that do say key is not valid (Splinter Cell, Far Cry 2, Crysis Warhead, Halo 2, Assassin's Creed II) despite Steam listing some of these for sale. They do play on my old retro rigs though so no worries there.

Eventually I got the message I had tried too many activation codes and to try again later, so the remainder of my games that do actually have have keys and Steam list in their Store (Titan Quest, Call of Juarez Bound in Blood, Neverwinter Nights) I will give a go tomorrow to see out of interest if I get anything

Cheers
Rich

[MancSoulja]

You're pretty much right in what you say, but you're missing a few key points.

Firstly you're assuming a physical disk and a licence to play the game the disk holds are the same thing. they're not.

You do indeed own what you purchased wholly, unfortunately the licence isn't necessarily included in that.

Just like you have rights and laws to protect them, so do game publishers.

Game EULAs make it clear that product keys are one time use keys and cannot be transferred to other people once redeemed. as IP owners they're well within their rights to protect their IP in that way.

EOR only really has relevance in unactivated games, before EOR was brought into effect, it would have been illegal for you to buy a licence for a particular game and resell that licence as the publisher had exclusive distribution rights. EOR states that publishers now lose that right of exclusive distribution at the moment of sale, leaving you free to legally resell the unactivated product key.

Once the key has been redeemed, EOR no longer applies.