dthree said:
The reason you can't lump those together is that we (in the US at least) have a legal right to sell what we own, and we don't have a legal right to take what we don't own.
Irrelevant. You're just mindlessly quoting someone else.
Things are legal and illegal for a reason (supposedly at least). It's not because someone felt like it.
It's illegal to take things you don't own because there's an expected loss when you do so, the item you stole. It's not illegal to resell them because you're not losing anything. If I steal a car the stand is out of that car, which has a specific cost and value. When you torrent a game you don't really take anything, you copy it, so there's no real loss to begin with.
Then people claimed piracy was illegal because you were causing the loss of a potential sale - someone was getting the product without the developers getting paid. That is a giant slippery slope if you even bother to think about it, but it's not the point here. Point was, it's considered stealing because someone gets the product without the producer of said product receiving compensation.
Isn't that exactly what happens when you rent or resell a game? Someone is getting the product, and the producer is getting jack shit. Worst! Someone is making a profit out of it, and it's not the producer, cause he gets squat.
Under most laws you're allowed to sell something you own... You can also copy it, borrow it and a myriad of other things considered illegal with the "virtual" industry. But you don't own the game... Not the "intellectual property", which is what's claimed as copyrighted. So, either you do or you don't. Besides, don't forget games are already operating under special rules, remember? When you pirate software you're being cast as a criminal for potential, hypothetical losses... Which, in any other branch, would be unconstitutional to say the least.
"Your honor my client maybe could have been, perhaps, killed in that accident."
"And, what does your client claim to have suffered?"
"Well... Absolutely nothing at all... BUT, there was the chance that maybe he could perhaps still come to suffer something we can't in any way honestly and reliable quantify or demonstrate."
Yeah, that would hold it in court in any other situation. /sarcasm. But, again, with the "virtual" industry there are special rules which mean this works. Because otherwise the developers don't get paid for their work. Ok, so far so awkward and shady at best, but still... The REALLY tricky part is that, in that case, reselling and renting virtual media has to be considered just as illegal. It's the EXACT same loss for the developers, except, with the added aggravation that someone IS making a profit for it, there is a demonstrable interest in the product and financial capacity to acquire it... And it's all being thrown into the hands of a middleman that in no way benefits the original developers.
dthree said:
Gamestop has been trading in used games for years, but 2009 was the first year that the game industry didn't grow, and that was mostly due to the poor overall economy. Seems like they aren't really being affected by the used game market.
Isn't the EXACT same argument valid for piracy? Piracy has been around since videogames have, and, as you said, only last year was there a lack of growth in the industry during a recession.
dthree said:
Besides, should we really be revisiting the first-sale doctrine? Open that can of worms and the music and movie industry will wrench that right open, pushing for any sale, loan, or rental to require a fee.
All I want is consistency. Either they're both illegal, as they both cause harm to the developers, or neither are. You can't have it both ways.