German Consumer Group Sues Valve

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Anti-American Eagle

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Nimzabaat said:
I love this thread!

EA uses DRM to slightly penalize used game sales = EA is the devil and is destroying video games
Valve uses DRM to completely negate used games sales = Rally the troops to Valve's defense!!!

That's just too funny.
There's a difference, we like valve's business practice of not ruining franchises...
 

triorph

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Colt47 said:
To sell a game digitally all you have to do is have the key that lets you play the game detached from the account service and transferred to another individual. That's not the same as copying software: without the key you can't play the game (unless of course you crack it, but that can be detectable using a client side service.) So yeah, it's possible to resell digital software.

The exception would be completely DRM free games that lack keys, but those are primarily the domain of Good old Games, which are at this point torrented like crazy. It sounds like either I missed something on the story, or people in this thread are making some rather strange assumptions about the claims and how this would actually work...
I don't understand why people keep missing this point. It's so obvious. There is no difference between digital games and other transferrable real world items like books. If you were to sell your game on steam, then steam would revoke your key and you would not have the game anymore. If you were to crack it, then you might have a playable game, but this would a) only be single player, and b) be no different to what you can already do immorally. You would still be breaking the law, and you would still be immorally playing a cracked game. You also couldn't sell the same game more than once, because you would really be selling the game-key, with the downloads and other services that steam offers with it.

I should preface this that I like what steam has done, with their sales they've introduced competition that has been much needed in the game industry. That said I still disagree with them on this one issue. Really the only even remotely reasonable defense for steam's actions is that it allows for these cheap sales, and they wouldn't be able to sustain them with used game sales. Even so I think this should happen, as consumer's rights are more important than cheaper games (and would probably result in cheaper games anyway).
 

Bat Vader

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Mar 11, 2009
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I think it would be pretty cool if Valve allowed players to sell their used digital games for funds for their Steam Wallets. They already have the marketplace on Steam to sell items. It could work for games too. If Valve is worried about profits they could easily make it so that they get 15% of what the sale makes.
 

Doom-Slayer

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Jul 18, 2009
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Question. WHy dont they jsut remove the restriction from their TOS but just not have a feature to enable it? Then say

"Oh its perfectly legal to transfer or sell games to someone else, but sadly we just havent implemented that feature yet"

Seems easy to do..
 

Orks da best

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Nimzabaat said:
I love this thread!

EA uses DRM to slightly penalize used game sales = EA is the devil and is destroying video games
Valve uses DRM to completely negate used games sales = Rally the troops to Valve's defense!!!

That's just too funny.
yea when it comes to valve, people here are baised, if this was related to Ea or any other ccompany really there be all for the customer, not the company, but no its valve and there "the best company Eva!"

ugh...
 

Something Amyss

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Zeckt said:
I don't care. They would ruin digital downloads for everyone with their greed and then constant reselling of more then one copy and it has to be stopped.
Before you edited this, it sounded like you were talking about Valve. XD

If they want their games for free then they can make their own.
Strawman.

And if you think you can tell me they would not abuse it like that then that's bullshit, because that's the way consumerism works. If it can potentially be abused it WILL to the absolute worst way possible. Losers making profit by selling it for a $, or giving it away for a penny THOUSANDS OF TIMES.
Yes. Ignoring the fact it hasn't happened elsewhere in other cases and the model you proposed is completely unsustainable it WILL happen, because...Ponies, I guess.

All of this hyperbole to try and attack people for going after monopolistic and totalitarian behaviour.
 

lacktheknack

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Jan 19, 2009
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Nimzabaat said:
I love this thread!

EA uses DRM to slightly penalize used game sales = EA is the devil and is destroying video games
Valve uses DRM to completely negate used games sales = Rally the troops to Valve's defense!!!

That's just too funny.
Two different audiences.

EA was restricting a common - even traditional - action and console gamers were ticked because of it.

Personally, it didn't bother me. If that's what it takes to keep AAA extravaganzas cheap, then so it goes.

Steam, however, is for the PC crowd. We haven't had a used game market for YEARS. The lack thereof doesn't bother me either, partly from "this is how it's been for all of recent memory" and partly from the fact that I don't like selling my things. Combine this with my inherent dislike of suing, and yeah, I feel perfectly justified in siding with Valve. Why poke more holes in their rights management (reselling digital is a hell of a thing to regulate) and risk losing tons of their great deals because a few people (and yes, it IS just a few, or else this would have come up long ago) want to resell their stuff because they couldn't be bothered to adequately research it/manage their spending better?

EDIT: Accounting for people who want it because "I <3 user rights" and such, but don't actually want to sell their games, I guess it is more than a few, but basing off of that, it's not really grounds for suing as far as I'm concerned. It's grounds for not buy Valve-distributed goods.
 
Aug 11, 2009
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albino boo said:
The EULA was written by someone who charges £700-£1000 an hour and they more about EU law than you do. They are not bypassing national law so much as using the single market rules and the internationally accepted principal that parties to a contract can choose what jurisdiction they use.
If you do business in Germany you are bound by German law and German courts. Despite what companies try to tell you there is nothing to circumvent that.
 

Albino Boo

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NiceJobBreakingItHero said:
albino boo said:
The EULA was written by someone who charges £700-£1000 an hour and they more about EU law than you do. They are not bypassing national law so much as using the single market rules and the internationally accepted principal that parties to a contract can choose what jurisdiction they use.
If you do business in Germany you are bound by German law and German courts. Despite what companies try to tell you there is nothing to circumvent that.
Apart from the small point the valve Europe in based in the UK. So you might be in Germany but you are doing business in the UK which under the single market rules is perfectly permissible
 

aelreth

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If the EU legal system is in the business of severing contracts between valve and their customers on judicial whim, I think valve should sever all the contracts with all the EU users, denying them the ability to use their steam accounts from then on. Their sovereign decided to terminate their contracts after all.

You can't do business with people that change the rules on the fly, can you play a game with someone that creates and modifies house rules in mid play?

This is legal plunder. If Valve turns around and burns the German Or EU customers I will continue to support them.
 

Shikua

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Here's what Valve should do, in my opinion. Make selling of games work on steam, but only under these terms:
-Price is 90% the full value of the game
-25% of the sale price goes to valve, 25% goes to the game creator/publisher.
-50% goes to the user.

I mean lets face it, you get shit value when you trade in physical media, and this would benefit everyone, while still keeping steam sales valid.
 

Strazdas

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May 28, 2011
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I'd love an ability to sell digital games, but lets be frank, you buy a ability to play the game, not the game itself, so you dont actually "own" anything.

Falterfire said:
But seriously? Used digital games still make no !@#$%ing sense. Consumer rights are good and all, but used digital games are still nonsense.

If it was legal to resell a digital game, I could sell the same copy seventy three bajillion times using the magic of Ctrl+C, Ctrl+V.
No. You would sell your license to play this game, not the actual data, which means that you loose the ability to play it and he gains it.

P.S. god, so many people here dont even understand what the consumer group wants to achieve and imagine that you somehow can sell million of copies. you people dont deserve to pay less for games, because you dont seem to be able to use your brain anymore.

Shikua said:
Here's what Valve should do, in my opinion. Make selling of games work on steam, but only under these terms:
-Price is 90% the full value of the game
-25% of the sale price goes to valve, 25% goes to the game creator/publisher.
-50% goes to the user.

I mean lets face it, you get shit value when you trade in physical media, and this would benefit everyone, while still keeping steam sales valid.
I think we should make a law that when you sell a used car, only such terms can be used:
-Price is 90% the full value of the car
-25% of the sale price goes to company that you bought the car from orginally, 25% goes to the car manufacturer.
-50% goes to the person.

Ridiculous proposition is ridiculous.
i udnerstand having a, say, 1dollar charge per transfer for costs of server work to do it and whatnot, but beside that, nope. just like you got charges for formal papers when selling any other object.
 

nymz

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Why don't they introduce some kind of digital wallet, like steam credits. And if you wanted to "sell your game" you could, which means the game license is picked from your library, and in turn you are given a small amount of steam credits, which can be used to pay, or partially pay for other games or even in-game items.
 

Krantos

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On the one hand, I think Valve needs a little bit of a push. There are things the company does that I'm not altogether fond of.

On the other hand, this really isn't what I would have chosen to attack them on.

Now the whole, "agree to our terms of service or lose access to ALL YOUR GAMES! BWAHAHAHAHA!" that one, I would like to see them called to terms on.
 

nymz

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They already have this... It's called Steam Wallet.

They have a Steam Market in beta, which will be used to sell games, dota 2 items and tf2 items.

Not to mention there's already a trading feature in place which allows people to trade their games for other people's games. I personally got Scribblenauts in the EU before its release by doing this.
Somehow it feels like you found an exploit! But can I get real/fictional money from steam market if I so choose, or is that in the near future?
 

Strazdas

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nymz said:
Why don't they introduce some kind of digital wallet, like steam credits. And if you wanted to "sell your game" you could, which means the game license is picked from your library, and in turn you are given a small amount of steam credits, which can be used to pay, or partially pay for other games or even in-game items.
That is the thing the consumergroup is fighting for and stema refuses to give. i think that is the best solution, but its one they dont want to give us.

A Smooth Criminal said:
Nope. though Steam is going to allow the reselling of games soon via the Steam market... Players are already able to trade games, but trading them after you've tied them to your account is just starting to push it.

Honestly the only cripe I have with Steam is the return policy. But that's not really entirely Valve's fault.

I think these people who are sueing Valve just want to be able to burn the games to CDs and resell them to gain profit from the games, AKA pirating.
Actually, there was a EU supreme court ruling stating that digital games must be re-sellable. or rather that anyone buyign digitally has a right to resell their games.
And you are completely wrong, as many others, who think those people want to pirate. they already can do that without sueing valve. what they want is to be able to sell their license to play the game. you sell the game you can no longer play it, somone else can.
 
Aug 11, 2009
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albino boo said:
NiceJobBreakingItHero said:
albino boo said:
The EULA was written by someone who charges £700-£1000 an hour and they more about EU law than you do. They are not bypassing national law so much as using the single market rules and the internationally accepted principal that parties to a contract can choose what jurisdiction they use.
If you do business in Germany you are bound by German law and German courts. Despite what companies try to tell you there is nothing to circumvent that.
Apart from the small point the valve Europe in based in the UK. So you might be in Germany but you are doing business in the UK which under the single market rules is perfectly permissible
You can't choose the jurisdiction in a contract if one party is a consumer (§32 ZPO) and according to a decision from the european court of justice (C-190/11) it is irrelevant where the company is based as long as it aimed for doing business in another country.
 

Elithraradril

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Braedan said:
doesn't it say that it requires Steam to play?
Putting a label doesn't make it legal you know. If I put "use at your own risk" sign on a product, it won't stand up in court if somebody gets hurt using it.
 

lapan

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R.Nevermore said:
If you don't like what steam has to offer....

SUE THEM!

I mean seriously, if you want a hard copy to do with it as you please, don't buy a licence, buy a hard copy from a brick and mortar shop.

EDIT: but even then, you'll have to deal with some even more draconian DRM...
The problem with that is that a lot of PC games nowadays only come out bound to Steam, even if you buy them in retail.