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So, Some European judge just gave every digital distributor a nightmare.

Author
Blane Xero
The Firestorm Cartel
#1 - 2012-07-03 18:09:12 UTC
And this is why.

I'll say it right now, I have no idea how to feel about this. It could be a really good thing, or it could just inspire companies like Valve and EA to put us through more consumer hell just so they keep their control at the cost of our experience.

It has fire reaching ramifications on everything that is sold digitally, and could as noted in the article even have consequences for companies who are developing their next-gen consoles around digital copies and restricted re-sale.

G.G Sir European Judge. You just started a turkey shoot, either way this goes.

Resident Haruhiist since December 2008.

Laying claim to Out of Pod Experience since 2007, plain and simple. Keep the trash out of [u]Out Of Pod Experience[/u], If it's EVE Related or deserves a Lock, it does not belong here.

Micheal Dietrich
Kings Gambit Black
#2 - 2012-07-03 18:22:19 UTC
Yeah we already have a thread in GD with some guy who thinks this includes eve player accounts.

Doesn't Steam have an option like this already where you can trade games in for credit or some crap?

Out of Pod is getting In the Pod - Join in game channel **IG OOPE **

Blane Xero
The Firestorm Cartel
#3 - 2012-07-03 18:23:35 UTC  |  Edited by: Blane Xero
Micheal Dietrich wrote:
Yeah we already have a thread in GD with some guy who thinks this includes eve player accounts.

Doesn't Steam have an option like this already where you can trade games in for credit or some crap?

That doesn't make steam comply with this though- It has to be an actual re-sale, and if the license is indefinite you need to remove any restriction on the users right to re-sell.

And I don't think steam current facilitates this having just processed it in my thinking-device between the ears. Bleh, this has really ****** with my head tonight.

Resident Haruhiist since December 2008.

Laying claim to Out of Pod Experience since 2007, plain and simple. Keep the trash out of [u]Out Of Pod Experience[/u], If it's EVE Related or deserves a Lock, it does not belong here.

stoicfaux
#4 - 2012-07-03 19:48:42 UTC
Simple fix is make the license last a limited number of years, say 10, which would remove the resale rights. After that, they cut you off. (Or if you're EA, the license is only good until the sequel comes out, i.e. Madden game licenses would only last for a year.)

Or Steam/EA only grants a two year license, and you pay a yearly "support/maintenance" contract that allows you to extend the play time on your purchases.

I'm thinking this will result in gamers paying more for digital download games while still not being able to resell them.

Pon Farr Memorial: once every 7 years, all the carebears in high-sec must PvP or they will be temp-banned.

Blane Xero
The Firestorm Cartel
#5 - 2012-07-03 20:01:11 UTC
stoicfaux wrote:
I'm thinking this will result in gamers paying more for digital download games while still not being able to resell them.


Thats my concern. The ruling is too easy to skirt, but as I said, has many, many far reaching consequences.

Resident Haruhiist since December 2008.

Laying claim to Out of Pod Experience since 2007, plain and simple. Keep the trash out of [u]Out Of Pod Experience[/u], If it's EVE Related or deserves a Lock, it does not belong here.

FloppieTheBanjoClown
Arcana Imperii Ltd.
#6 - 2012-07-03 20:44:49 UTC
stoicfaux wrote:
Simple fix is make the license last a limited number of years, say 10, which would remove the resale rights. After that, they cut you off. (Or if you're EA, the license is only good until the sequel comes out, i.e. Madden game licenses would only last for a year.)

Or Steam/EA only grants a two year license, and you pay a yearly "support/maintenance" contract that allows you to extend the play time on your purchases.

I'm thinking this will result in gamers paying more for digital download games while still not being able to resell them.


I'm thinking that if Valve moves to a subscription-based distribution system, I'm done with their games.

Founding member of the Belligerent Undesirables movement.

Alain Kinsella
#7 - 2012-07-04 00:17:08 UTC
Wait, this was from a lawsuit that *Oracle* lost? ROFLMAO, best irony this year, thank you (cannot directly explain why, but see what they did to Solaris).

On that note, anyone see the implications in the OS market yet? Microsoft may be in for an interesting ride as well.

As for games, I had a year's subscription with GameTap (monthly fee to download and play any games in the library), was OK. If Steam went to that model I'd have to see the fees first before deciding. They have enough games of different genres that they could easily create 'packages' similar to cable companies.

"The Meta Game does not stop at the game. Ever."

Currently Retired / Semi-Casual (pending changes to RL concerns).

Nirnias Stirrum
UberWTFBBQ and Battle Technologies
#8 - 2012-07-04 08:31:52 UTC  |  Edited by: Nirnias Stirrum
And people wonder why pirating is rampant? Its cause of overly priced crap games.

The more they crack down on this sort of thing the more pirating is going to happen. There is not a game released since the invention of electronic gaming that has not been cracked yet. Even Diablo 3 was cracked within a week so you could play SP and not be connected to blizzards servers.

Limiting a license on a product will just push customers away from actually buying a product, to just downloading and cracking it. Fact is is that digital licenses and warranty are transferable. Same as when you buy a phone, if you resell that phone later and it is still in warranty, that warranty gets transferred to the new user. I doubt that will change be changed just because companies are loosing money from reselling. If they did it would have a massive chain reaction or sales for everyone.

I used to manage a gaming department and pretty much 50-70% of all sales were preplayed games unless it was the release week of a big game. Imagine if those same sellers suddenly lost 50-70% of their profits because of this.

Of course they can make reselling the game harder by only doing digital distribution like Steam does. Within the next 10 years anyways gaming stores such as Game, Gamestop, Smyths Toys or anywhere else will be obsolete and you wont be able to buy boxed games anymore anyways so it is inevitable i guess. You will find them maybe in those dodgy looking shops that sell used games.

But by installing the game or software you are accepting their TOS and EULA and i can pretty much guarantee in there somewhere it says something along the lines of "We (the developers of the software) reserve the right to cancel/forfeit/retract licensing agreement"

Doubt they even have to give a reason to do it.

In my opinion such applications like Steam and such, should have an option to be able to "trade in" your old games for credit to be used within the Steam store. Im honestly surprised no one has thought of doing it yet as pretty much everyone that would use their application would avail of that service. I did a project on it in college as a business idea and was surprised that it had not been done properly yet. I mean when it burns down to it it is just a digital item, not really in anyway so they are not loosing out, they have already made the money from the original sale, they could allow old games to be traded back in or even to trade a game to a friend and have a fee the user pays to transfer the game.
Blastcaps Madullier
Handsome Millionaire Playboys
Sedition.
#9 - 2012-07-04 09:11:51 UTC  |  Edited by: Blastcaps Madullier
stoicfaux wrote:
Simple fix is make the license last a limited number of years, say 10, which would remove the resale rights. After that, they cut you off. (Or if you're EA, the license is only good until the sequel comes out, i.e. Madden game licenses would only last for a year.)

Or Steam/EA only grants a two year license, and you pay a yearly "support/maintenance" contract that allows you to extend the play time on your purchases.

I'm thinking this will result in gamers paying more for digital download games while still not being able to resell them.



wont work because 1 people would turn to other sources including and well on steam for them it would be realatively simple to set things up their end so people can resell the games, when its sold it removes it from your list of steam games the game you've resold and moves it over to the owners account, also nothing saying steam cant charge a % for the service which is what I suspect they will do.

stoicfaux wrote:
Simple fix is make the license last a limited number of years, say 10, which would remove the resale rights. After that, they cut you off. (Or if you're EA, the license is only good until the sequel comes out, i.e. Madden game licenses would only last for a year.)

Or Steam/EA only grants a two year license, and you pay a yearly "support/maintenance" contract that allows you to extend the play time on your purchases.

I'm thinking this will result in gamers paying more for digital download games while still not being able to resell them.



again wont work because people would just turn to other sources for said products including piracy, plus personally I don't think people would buy said products if they "expire" in x number of years, mainly because sooner or later someone will come along with something similar to steam etc but any game sold on there not have the x years contract of use AND the ability to resell said game if they choose from their service forcing the rest into adopting the new business model anyways.
MS has already tried in the past to tie the windows license to a specific PC, so the license went with the PC if it was resold, problem with that is faulty PCs get broken down into parts and the parts reused so which piece of hardware does the license go with? MS lost their court case iirc in the EU again and ever since it's the individual who's licensed so if you sell off said PC you keep your windows license, same goes for installing a copy of window on 2 PCs, your allowed to do so just only ONE of them can be switched on/in use at any given time, per the license.
AlleyKat
The Unwanted.
#10 - 2012-07-04 11:54:34 UTC
Nirnias Stirrum wrote:
And people wonder why pirating is rampant? It's 'cause of overly-priced crap games.


I think it's more than that, 'like kids that were denied allowance by their parents and decide to d/l pirated/hacked/leaked software.

Software companies do a lot to help consumers make an informed choice about what they buy, like free trials/demos of games (CCP), plenty of preview information, trailers, gameplay dev blogs; and there is little excuse for pirating.

It's a fuckin' cop-out to say that because X is bad, you should't have to pay for it.

Only legal time you can do that is in a resturant - which is why the attendance visits you minutes after the food is delivered to ask 'if everything is okay with the lobster thermidor'. If not, your food is taken away; if yes, you get the bill.

AK

This space for rent.

Sin Pew
Ministry of War
Amarr Empire
#11 - 2012-07-04 13:51:06 UTC
AlleyKat wrote:
there is little excuse for pirating.
Legally, but practically there's a lot of resons.

Companies who complain about piracy have made their own bed. They try their best to make us pay more for less. You get softwares, music albums, movies, games, with constant prices over the years, yet less and less content so to speak.

Developping/manufacturing costs rise but digital distribution make product delivery costs fall, so we end up with digital material downloaded over the interweb with no packaging, no printed manuals, no media and tied down to one computer or one account, but it's "virtual" and because it's virtual, the rights owners want to increase their control over the use we make of their products, through various means of content control like DRM because the technology and monopoly of some platforms allows it, because you know, you don't own it, they just gave you the right to use it how they deem appropriate.

Slowly, those things acquired in digital form, lose their overal value in the eye of the customer, because the ownership feeling is lessened by the medium itself, you don't really own a digital album like you own a good old record. If Valve decides you breached some EULA, they can shut it down for you and you're screwed, but if you bought a bootleg record of a band in another country that isn't distributed in your own country, what can they do about it? also, because of the legal bunkers the distributors have put in place, you can't offer/trade/exchange what you supposedly own, the way you could before the digital era. This is subtle, but is a way for the distributors to generate more sales if they can manage to lock down their digital product enough. They're further supported by governments who vote laws under the lobbying pressure to increase their control over their products' usage. ACTA/SOPA to name a few.

I can't speak for other countries, but here, in France, the situation is worth a Kafka story. We have taxes adding up at every possible levels to raise more and more funds for the rights holders, and this isn't the authors, but the majors/companies. Those companies managed to make the governments vote taxes in so many ways that they earn money at every step of the supply chain and even more. You pay the copyrights when first purchasing a song, then you pay copyrights when downloading it because the provider has to pay a tax that is added to the monthly fee of your internet access, then another tax is included in the purchase price of each storage device capable of storing digital medias, be it flash cards, hard drives, cdroms and extending to every device including a drive like cameras... The DGFiP (french IRS), also has a historical tax on TV sets you have to pay when you own a TV, whether you bought it or had it from a relative, that also covers the copyrights.

I often buy records on a website called discogs, it's a platform allowing people to buy and sell used records, either vinyls, cd or even tapes, I can get records that were never sold in France, but if I want to listen to those tunes on a MP3 player, I have to rip it myself or get it through P2P, because the super clever companies selling tunes have adapted to the digital era and sell tunes online, but they still apply 20th century licensing and those records I could buy from a belgian guy, I can't buy them digitally because beatport, juno, djdownload, doesn't have a license to sell some tunes to some countries. I can bypass that with use of a proxy system, but then it makes my digitally purchased copy, illegal in my country despite the physical copy stored in my record box. So getting it through P2P is far less of a hassle.

Also, there is still some contents, video games, movies, albums, with delayed releases over the world even though they're digitally distributed. While I can understand that 10 years ago, shipping logistics could be a meaningful cost and a real nightmare, with the internet that barrier is removed, but they continue to operate with this same old fashion.

It is these very same companies, that will always complain about their products being cracked and hacked and how much money they lose over it, that will pressure the governments to vote laws granting them more and more control over their customers, that generate the will to hack/crack their products with their abuse of outdated processes that in fact restrict their customers from accessing the products even when they want to legally buy them.

So yeah, there's little excuse to piracy, but they don't do anything to entice people in buying their products, and I won't discuss the quality of today's music/movie/game hits, tailored to be marketted "for the public" and generate the buzz (read, advertise and sell for 4 months then forget).

[i]"haiku are easy, But sometimes they don't make sense, Refrigerator."[/i]

Malcanis
Vanishing Point.
The Initiative.
#12 - 2012-07-04 15:17:32 UTC  |  Edited by: Malcanis
Blane Xero wrote:
And this is why.

I'll say it right now, I have no idea how to feel about this. It could be a really good thing, or it could just inspire companies like Valve and EA to put us through more consumer hell just so they keep their control at the cost of our experience.

It has fire reaching ramifications on everything that is sold digitally, and could as noted in the article even have consequences for companies who are developing their next-gen consoles around digital copies and restricted re-sale.

G.G Sir European Judge. You just started a turkey shoot, either way this goes.



I'm pretty much OK with giving problems to a business model that claims that you haven't really "bought" your software when it suits them, but then throws you under a bus when you you try and exercise your own rights if that were true.

If I'm buying the software then the copy I have purchased is mine to do with as I please, including being resold.

If I'm leasing the software, then the lessee doesn't get to say "well we don't wanna so we're not gonna" when it doesn't work correctly or isn't the correct version for my requirements.

"Just remember later that I warned against any change to jump ranges or fatigue. You earned whats coming."

Grath Telkin, 11.10.2016

Reiisha
#13 - 2012-07-04 16:18:23 UTC
Nirnias Stirrum wrote:
There is not a game released since the invention of electronic gaming that has not been cracked yet.


TrackMania Original. The patches are required to play and they have not been cracked :)

If you do things right, people won't be sure you've done anything at all...

Blane Xero
The Firestorm Cartel
#14 - 2012-07-04 17:56:27 UTC
Malcanis wrote:
Blane Xero wrote:
And this is why.

I'll say it right now, I have no idea how to feel about this. It could be a really good thing, or it could just inspire companies like Valve and EA to put us through more consumer hell just so they keep their control at the cost of our experience.

It has fire reaching ramifications on everything that is sold digitally, and could as noted in the article even have consequences for companies who are developing their next-gen consoles around digital copies and restricted re-sale.

G.G Sir European Judge. You just started a turkey shoot, either way this goes.



I'm pretty much OK with giving problems to a business model that claims that you haven't really "bought" your software when it suits them, but then throws you under a bus when you you try and exercise your own rights if that were true.

If I'm buying the software then the copy I have purchased is mine to do with as I please, including being resold.

If I'm leasing the software, then the lessee doesn't get to say "well we don't wanna so we're not gonna" when it doesn't work correctly or isn't the correct version for my requirements.

I agree with you about this on every level, but my main concern is that in an effort to give European consumers more rights over what they own, they will simply push the sellers into more questionable business Ethics like limiting each License to a 2 year period or something similar, and instead of this being a positive it becomes a positive we never see the effects of.

On the other hand, all it takes is one entity [Steam, Gamersgate being most likely two] to adopt this in the truest fashion and it becomes suicide for anyone else to attempt to go the other route.

This also has massive possible effects on the Consoles currently in development, as most rumours have them as Digital Distribution based, and even then this also has some potentially large side-effects on the physical re-sale market [which developers and publishers have been trying to lock down for years now].

Resident Haruhiist since December 2008.

Laying claim to Out of Pod Experience since 2007, plain and simple. Keep the trash out of [u]Out Of Pod Experience[/u], If it's EVE Related or deserves a Lock, it does not belong here.

rodyas
Tie Fighters Inc
#15 - 2012-07-04 18:34:14 UTC
What about apps purchased from app stores? (like apple) Those are now resaleable?

Signature removed for inappropriate language - CCP Eterne

Blane Xero
The Firestorm Cartel
#16 - 2012-07-04 18:46:41 UTC
Read the article.

Resident Haruhiist since December 2008.

Laying claim to Out of Pod Experience since 2007, plain and simple. Keep the trash out of [u]Out Of Pod Experience[/u], If it's EVE Related or deserves a Lock, it does not belong here.

rodyas
Tie Fighters Inc
#17 - 2012-07-04 18:59:19 UTC
Didn't really see them list app stores, mostly steam and such. My comment I suppose is more about thier ommision. Was suprised they only covered video games and not apps, or even app games.

Signature removed for inappropriate language - CCP Eterne

Adalun Dey
Royal Amarr Institute
Amarr Empire
#18 - 2012-07-04 19:17:22 UTC
Back in the days of yore - right after ancient but still before contemporary - people used audio and video cassettes to tape songs on the radio and movies on television. Nobody made a fuzz about it since it took effort and a fair deal of patience and once you finally got it, you were still stuck with commercials in between. Nowadays people download their songs from Youtube and their movies from Piratesomething. It seems not much has changed in the Yore +1 era, the activity remains the same, only the effort it requires has reduced.

Today more than ever it's important for artists, regardless of their field of expertise (songs, movies, games) to deliver quality to their customers. The publishers, in their ivory towers, are the only ones that still believe in outdated business models and a rigid control over their intellectual (sic) properties.

These days a PC game's success can be measured by the amount of pirated copies that are in circulation. Piracy has become a quality label. If your game isn't pirated, it's not worth your time and effort to download, let alone purchase, if it's a hit on the black market, it's a safe bet that it's worth checking out. Without piracy, the market for computer games would likely never have grown to its current size.

[i]" Take my love, take my land, take me where I can not stand, I don't care, I'm still free. You can't take the sky from me. "[/i]

TotalCareBear
Republic Military School
Minmatar Republic
#19 - 2012-07-04 20:36:23 UTC  |  Edited by: TotalCareBear
Sin Pew wrote:

Slowly, those things acquired in digital form, lose their overal value in the eye of the customer, because the ownership feeling is lessened by the medium itself, you don't really own a digital album like you own a good old record. If Valve decides you breached some EULA, they can shut it down for you and you're screwed, but if you bought a bootleg record of a band in another country that isn't distributed in your own country, what can they do about it? also, because of the legal bunkers the distributors have put in place, you can't offer/trade/exchange what you supposedly own, the way you could before the digital era. This is subtle, but is a way for the distributors to generate more sales if they can manage to lock down their digital product enough. They're further supported by governments who vote laws under the lobbying pressure to increase their control over their products' usage. ACTA/SOPA to name a few.

I can't speak for other countries, but here, in France, the situation is worth a Kafka story. We have taxes adding up at every possible levels to raise more and more funds for the rights holders, and this isn't the authors, but the majors/companies. Those companies managed to make the governments vote taxes in so many ways that they earn money at every step of the supply chain and even more. You pay the copyrights when first purchasing a song, then you pay copyrights when downloading it because the provider has to pay a tax that is added to the monthly fee of your internet access, then another tax is included in the purchase price of each storage device capable of storing digital medias, be it flash cards, hard drives, cdroms and extending to every device including a drive like cameras... The DGFiP (french IRS), also has a historical tax on TV sets you have to pay when you own a TV, whether you bought it or had it from a relative, that also covers the copyrights.


What do you want them to do, if their Intellectual Property Rights violated are just ignored? It is very clear, that their IP rights are being violated, but it is too widespread for the authorities to arrest everyone, so they come up with a moderate solution that puts taxes on media carriers... Is that really so horrible?

Quote:

I often buy records on a website called discogs, it's a platform allowing people to buy and sell used records, either vinyls, cd or even tapes, I can get records that were never sold in France, but if I want to listen to those tunes on a MP3 player, I have to rip it myself or get it through P2P, because the super clever companies selling tunes have adapted to the digital era and sell tunes online, but they still apply 20th century licensing and those records I could buy from a belgian guy, I can't buy them digitally because beatport, juno, djdownload, doesn't have a license to sell some tunes to some countries. I can bypass that with use of a proxy system, but then it makes my digitally purchased copy, illegal in my country despite the physical copy stored in my record box. So getting it through P2P is far less of a hassle.

Also, there is still some contents, video games, movies, albums, with delayed releases over the world even though they're digitally distributed. While I can understand that 10 years ago, shipping logistics could be a meaningful cost and a real nightmare, with the internet that barrier is removed, but they continue to operate with this same old fashion.


Doesn't a company have a right to market/sell their product as they wish? Why should they be forced to sell stuff in France, if they don't want to/aren't ready/whatever?

Quote:

It is these very same companies, that will always complain about their products being cracked and hacked and how much money they lose over it, that will pressure the governments to vote laws granting them more and more control over their customers, that generate the will to hack/crack their products with their abuse of outdated processes that in fact restrict their customers from accessing the products even when they want to legally buy them.

So yeah, there's little excuse to piracy, but they don't do anything to entice people in buying their products, and I won't discuss the quality of today's music/movie/game hits, tailored to be marketted "for the public" and generate the buzz (read, advertise and sell for 4 months then forget).


Again, if you do not like something... absolutely no one is forcing you to download new games/films/music. Go play indy games, create your own media or just use the old stuff.

Piracy is sooo widespread by now, too hard to stop it now... but glorifying it is just stupid.
Ishtanchuk Fazmarai
#20 - 2012-07-04 20:54:17 UTC
On piracy: That I can't stop you from stealing my work does not mean neither that my work is worthless nor that you have a "right" to take it for free.

Roses are red / Violets are blue / I am an Alpha / And so it's you

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