When I go to buy a book, I go to a book store. New book store chains do not have used book sections. So in store advertising for new books by the publisher is not used to sell old books.
When I go to buy a movie or album, I go to a audio/video store. New audio/video store chains do not have used audio/video sections. So in store advertising for new audio/video by their distributer is not used to sell old audio/video products.
When I go to buy a video game, I go to a video game store. New video game store chains have used video game sections. So in store advertising for new video games by their publisher is used to sell old video games.
Is the problem the existance of old media sales? No. Other entertainment industries have less problems with competition, because they don't allow their cendors to sell used versions using their own advertising.
This is not the consumer's fault. The blame lies on two parties: The distribution chains that abuse your advertising too sell products you don't claim royalties from, and YOU, the publisher, for allowing this to continue for so fucking long.
The solution is simple: Change the rules of distribution. If game stores don't have new product to advertise, they don't have old product to sell either. They will dry up. Other distribution channels are waiting to pick up the extra business, ones that aren't fucking you over. Use them, instead of those that you claim are costing you money.
Doesn't that make sense? Do business that makes you money, and not business that costs you money. The large chains that are responsible for the used game fiasco will either have to play by your rules, or change their business model such that used game sales become all they do. Either is fine, because they'll stop being able to use YOUR advertising to sell stuff that doesn't make you money.
Mr Ink 5000 said:
i'd love to hear one reason why the games industry is such a delicate little flower compared to these other industries.
other than the whole reading the small print to see i'm buying a licence not a game
Which, as said fine print is not on the packaging or in any way introduced before the contract is agreed upon, and consideration is exchanged, it has nothing to do with that contract and is not legally admissible in any discussion on what said contract entails.
In this case, just because it says inside a sealed package that it's not a perchase of a product, but a license, because that writing is not accessible before you've handed them money, and they hand you the game, it is not a part of that contract. Which means that, by the time you've read that you haven't bought the game, you've already legally bought the game. You cannot go back and change the terms of a contract that is already completed.
As an example, let's say you buy a car from me. We don't sign a contract, I just take your money, and you take the car, and it's all amicable. This is a legal contract. I cannot, after you get the car home, then call you up and say 'By the way, just to be clear, you didn't actually buy the car, you bought the use of the car, and cannot resell it.' That's bullshit. The contract is done and over with.
And before you say 'You've only bought the physical media, not the software' I would like to point out that such a statement needs to be clearly communicated to the consumer
before the point of sale.
You can look at the package of every single game that you've bought in the past 20 years. And unless it's for a subscription service, such as WoW, you will find, without exception, that
every single game you have bought does not communicate this to you.
Thusly, by contract law, you have bought the game in toto, not in part.