Judge Rules Against Pre-Owned Digital Sales

Falterfire

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GoddyofAus said:
"Transferring a digital file from one computer to another is not a real re-sale because there is every likelihood you're a pirate." Because EVERYONE is a pirate now. The Media industries have the judges and lawmakers all but convinced (bought).
Actually, it's more like 'If you're going to be buying music files from people who don't own the IP you may as well be a pirate.' Not a cent of that used download goes to the musician or the record company, so of course the record company is going to try to shut it down.

Thing is, if you're going to buy music from somewhere that isn't going to send any of your money towards the recording company or artist anyways, why wouldn't you just pirate it?
 

Clovus

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Strazdas said:
So according to this Judges logic, installing a game is illegal reporoduction and everyone that ever done that is a criminal.
Actually, the only way to USE a file is to copy it. whenever you play a digital file it is COPIED into your ram and played from there. only players that play directly from the CD are excerpt from this, but they are pretty much extinct as buffers are invented for a reason. this judge pretty much ruled that any and all digital property is illegal. good god, how stupid are the US judges?
No. When you buy the product the EULA grants you a license to do all the copying necessary to use the product. It doesn?t allow you to make or transfer a copy to someone else. The Judge is perfectly aware that copies of software are made when it is used.

Strazdas said:
FoolKiller said:
By that reasoning, wouldn't you be guilty of violating copyright by moving songs from iTunes to your iPod or something similar with the non-Apple equivalents?
You are. it is not legal to copy your itunes music to your ipod. at least not here. You can thank the 2010 copyright law editing for that. in fact if we interpret it litteraly, showing a movie to your neighboar is illegal.
Moving copies of files to your iPod is probably legal in the US because it falls under "Fair Use". This trial has to do with "First Sale". No media company has been dumb enough to actually take someone to Court for format shifting, but, if they did, they'd probably lose.

Strazdas said:
Little Gray said:
Well actually they cant.
Well, actually, they did
http://www.escapistmagazine.com/news/view/118245-EU-Court-Legalizes-Selling-Used-Digital-Games
http://www.pcgamesn.com/court-justice-european-union-rules-author-software-cannot-oppose-resale-his-used-licences
I cant seem to locate the article now, but escapist wrote that law experts claimed that while we cant resell them now, a single complain suing steam would force them to add such feature in EU or close down sales altogether.
We're talking about the US, and a Judge could not do that because of the DMCA. For example, it is a "fair use" to make a backup copy of a Blu-Ray disc. However, under the DMCA it is illegal to sell a product to actually make that backup. This is dumb, but that is the current law. No Judge is going to compel a company in the US to remove their DRM system.

Strazdas said:
josemlopes said:
To be honest while there are some Steam games that I would like to get rid off I do think that there might be some weird consequences due to selling used-digital content. For example why would you ever go to Steam to buy the content new if you could go to the "online Steam used-store thingy" and get the same exact content cheaper?
Because the amount of people selling used content is not big enough? if i would say "Why would anyone ever buy a new game if they could just go to gamestop and buy a used one" the argument would be as valid as yours. except that doesnt work in real life now does it?
This is, in opinion, the most important part of the discussion. Sure, used sales aren't massive right now. Video game companies hate them, but they're doing fine.

But that's because selling used stuff is hard. You have to physically take it somewhere. The easiest paths (like Gamestop) will rip you off. The hard path is doing stuff like EBay, and again risk getting ripped off.

Think about what would happen with digital resale. People will quickly realize that they can just "resell" for free. It would be trivially easy to set up websites to allow people to turn in music, movies, games to download other games. Every digital product sold will introduce another copy into this gigantic, super easy to use lending library. And the best part is that the product never degrades! That single copy can be used by hundreds and work perfectly every time. That doesn't sound like it could be a problem? Publishers will have to make back their investment on only the first month or so of sales and that's it.

But, hey, screw those big companies. They make plenty in a month, right? But what about all the indies that often need years just to make it. They often live off the sales of the current games while making the next one. Is it really so awful to actually pay the people making a game? Why is that a bad thing?

Strazdas said:
Used content in the real world are most of the time cheaper because the fact that it was used means that it isnt in perfect conditions, in here it could become a "I dont want this anymore and I'll take anything for it" thing, kind of like on Ebay.
and ebay have bancrupted real world manufacturers? oh wait, they havent. unless the disc is physically damaged, it has not lost any conditions.
It's pretty easy to break a disc or scratch it. It's easy to LOSE it. Messing around with EBay takes much more effort than 99% of people are going to bother with. You really don't think digital resale would be massively easier?

Strazdas said:
That means that there could be a huge amount of really cheap used games due to the amount of games that people buy on Steam Sales in bundles and shit... (seriously, a lot of people have quite some games that they arent even planning on playing) so now there would be a place that would make Steam Sales (and their deal of the day and weekend) seem like a time to buy cheap to then sell with a price in between the original one and the one on sale (people that missed the sales or are new to Steam would be the targets)
the game makers would have to actually start creating games that people want to keep instead of a play-once 6 hour titles? of, the horror!
There's nothing wrong with a short game. Was 'Journey' a bad game? Even a long game can be finished in a few days. What about movies?

Also, you can only play a few games at a time. I have over 200+ games on Steam, but I'm only playing a few at a time. I'd just upload those to the lending library, and grab them again when I wanted to play again.

I really just don't see how the digital market needs to be fixed. What's wrong with it? I've never had such easy and cheap access to media in my life. Steam (and the other digital download sites) constantly offer me all the games I want for like less than $10. With smaller companies a lot of that money actually goes to the people who made the game. I get cheap music albums from Amazon all the time. Used CDs at Half-Priced Books are like $6 or $7. Amazon sells full albums for $2.50 - $5.00. And there are more ways to get indie music.

We already have an example of what the used market does with games for consumers. On one side you have the consoles with physical resale. Console games cost more and it?s much harder to find big discounts. I hardly ever buy a game for my PS3 because of this.

In the other corner with have the horrors of digitally downloaded games with no resale value. I can't buy used, but the games are cheaper there! In fact, they?re cheaper even after I take into account the amount I could have resold the game for. The current system is working just fine for consumers (in terms of price). This is not a consumer vs big corporations thing. This is a discussion of how copyright should work in the digital age and used sales just don't make sense.

"First Sale" is about physical products; that has always clearly been the case. You can't just slap those laws onto digital products. If people want a first sale doctrine for the digital age, they'll have to get Congress to do it. Congress will not, of course. That's not just because of the evil lobbyists though. It's because the super-majority of Americans don't care about this issue.
 

GoddyofAus

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Falterfire said:
GoddyofAus said:
"Transferring a digital file from one computer to another is not a real re-sale because there is every likelihood you're a pirate." Because EVERYONE is a pirate now. The Media industries have the judges and lawmakers all but convinced (bought).
Actually, it's more like 'If you're going to be buying music files from people who don't own the IP you may as well be a pirate.' Not a cent of that used download goes to the musician or the record company, so of course the record company is going to try to shut it down.

Thing is, if you're going to buy music from somewhere that isn't going to send any of your money towards the recording company or artist anyways, why wouldn't you just pirate it?
What about someone selling all their old music CDs at the local flea market? The same principle applies.
 

Falterfire

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GoddyofAus said:
What about someone selling all their old music CDs at the local flea market? The same principle applies.
It does, but at least there's the pretense of them giving away a physical good. With digital it's blatantly obvious that they're giving you a copy of data that in no way requires them to eliminate the copy you own. You can do the same thing with CDs, but it just feels different, even though it's not.

I mean, I understand why you'd want to sell your goods in such a manner, but I can't understand why you'd want to buy preowned digital goods. Surely at that point piracy would be the more logical option? If you're not going to support the creator, why bother supporting some random person with no connection to the creation?
 

Zombie_Moogle

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Some_weirdGuy said:
bringer of illumination said:
Okay, let's leave aside whether or not you agree with the judgement in principle, either due to what a used digital market would do to the actual market, or any other reason.

The justification used by the judge is still the flimsiest horseshit I've ever heard.

It's illegal because copying of files is necessary to transfer it? WELL OF COURSE IT FUCKING IS! IT'S A FILE! THE ONLY WAY TO TRANSFER IT IS TO COPY IT!

Just another example of why the wording and terminology of digital copy-right law is utterly bonkers, outdated and unusable.
You're missing the point. What you're saying is exactly right, the ONLY way to transfer it is to copy it.

When you sell a physical copy of something, there is an actual product, it is created, you buy it, you then resell that same unit to someone else, not a copy of that unit, but the original unit itself.

Selling a copy of that unit on the other hand is illegal, you aren't allowed to burn a copy of a dvd you've bought and then sell it.

So digital resale, by it's very nature, is illegal... and flawed.

Cause lets be honest here, 'used' digital content? Used games and stuff are cheaper cause their disks are scratched up and their packaging is all trashed and their instruction manuals have penises drawn all over them, (and as mentioned, it is still an original unit, only the copyright holder being allowed to make and sell copies of their own product).

Digital doesn't really work like that, there's no degradation to warrant a price reduction(in which case, why buy at the same price if you can get it 'new'?), and there isn't really a way to stop the previous owner keeping a copy of what they're 'reselling'. You could get pre-owned serial numbers with games, that makes some semblance of sense, but used songs? O-o

If I sold you my hard drive with it's contents intact, would that be copyright infringement?

How about if I scanned a book for myself before trading it in at the local used book store?

Transfer of licenses, including sale of license, is legal. Videogames are apparently licensed services now, instead of products, so legally I should be able to sell my license to someone else, transferring all usage permission of said service to another party.

The fact of it is that these laws were all written loooong before digital products, let alone resale of those products, were even a concept. There are legal precedents on both sides of the argument.

I have a feeling that, by the time the law catches up to the technology, we'll have something new to argue about the legality of
 

Clovus

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Zombie_Moogle said:
If I sold you my hard drive with it's contents intact, would that be copyright infringement?
In terms of this ruling, maybe.

Zombie_Moogle said:
How about if I scanned a book for myself before trading it in at the local used book store?
You can probably make that copy of a book you own as a backup copy; that's a fair use, just like when ripping a CD. However, you should destroy all backup copies when you sell the book.

Zombie_Moogle said:
Transfer of licenses, including sale of license, is legal. Videogames are apparently licensed services now, instead of products, so legally I should be able to sell my license to someone else, transferring all usage permission of said service to another party.
Not all licenses are transferrable. When you buy a game through a digital distributor you will have signed a TOS or something. They all make it clear that you cannot transfer the license. It is not uncommon to disallow the transfer of a license. There are all kinds of services, contracts, etc. that cannot be transferred.
 

Zombie_Moogle

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Clovus said:
You can probably make that copy of a book you own as a backup copy; that's a fair use, just like when ripping a CD.
Would it not be fair use to copy/"reproduce" digital media in the automatic process required in transfer of digital products for any form of their sale?

Again, my whole point is that we're now in territory that invalidates most, if not all, of what used to be true about resale & in essence products themselves. This is proven by the very existence of the whole product vs. service debate; nobody knows what "product" means anymore because we buy/sell things that were unimaginable at the time ideas like "property" were established
 

Clovus

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Zombie_Moogle said:
Clovus said:
You can probably make that copy of a book you own as a backup copy; that's a fair use, just like when ripping a CD.
Would it not be fair use to copy/"reproduce" digital media in the automatic process required in transfer of digital products for any form of their sale?

Again, my whole point is that we're now in territory that invalidates most, if not all, of what used to be true about resale & in essence products themselves. This is proven by the very existence of the whole product vs. service debate; nobody knows what "product" means anymore because we buy/sell things that were unimaginable at the time ideas like "property" were established
Let's suppose that you are legally allowed to transfer a digital product - ie, that the Terms of Service allowed that. I'm sure there's some company that allows that - maybe. Anyway, it would then be a fair use to make a copy as part of that process.

This trial was not about fair use though, it is about first sale. This trial involved a product covered by a license that did not allow for resale. You cannot make terms like that on physical books and CDs because of "first sale". For example, have you ever seen "Do not resell this CD" stamped on a used CD? That was a sampler given to a radio station or something. An actual Court case ruled that since not contract was signed in connection with giving out the CD, the first sale doctrine applied and it could be sold.

Do today's laws apply perfectly to digital goods? No, but that doesn't mean you can resell digital goods. If Congress passes a law saying that you can, then you'll be able to. For now the laws we have seem to strongly indicate that you cannot.

This doesn't have to do with "games as a service". Even if first sale did apply, they could still get around it with games as a service. Could you imagine how messed up it would be if you could transfer your "license" for something like Guild Wars 2? Even if first sale applies, that doesn't mean you get access to a company's servers. If somehow the law did allow for resale of digital goods, you'd probably see the number of "games as a service" skyrocket though.
 

Zombie_Moogle

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Clovus said:
Could you imagine how messed up it would be if you could transfer your "license" for something like Guild Wars 2? Even if first sale applies, that doesn't mean you get access to a company's servers. If somehow the law did allow for resale of digital goods, you'd probably see the number of "games as a service" skyrocket though.
If you want to get technical, increased server population of MMORPG's, even in F2P, is typically more desirable (As I've come to understand from people in that market), as reduced population leads to further decreased popularity & retail sale of new copies of that game, so this is not nearly as ridiculous as it may sound

& for the record, greenmangaming.com has been buying back & reselling game licenses for a while now, so it's not like the infrastructure is totally unknown
 

Clovus

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Zombie_Moogle said:
Clovus said:
Could you imagine how messed up it would be if you could transfer your "license" for something like Guild Wars 2? Even if first sale applies, that doesn't mean you get access to a company's servers. If somehow the law did allow for resale of digital goods, you'd probably see the number of "games as a service" skyrocket though.
If you want to get technical, increased server population of MMORPG's, even in F2P, is typically more desirable (As I've come to understand from people in that market), as reduced population leads to further decreased popularity & retail sale of new copies of that game, so this is not nearly as ridiculous as it may sound
But GW2 is not F2P. Yeah, the F2P market is built around getting a huge population and having a very small percentage pay for stuff. F2P would also not like the idea of you transferring all the stuff you bought to another person since that was their only way to make money. If people could sell their GW2 "licenses", they would have to transition to a more F2P style - not everyone likes that.

Zombie_Moogle said:
& for the record, greenmangaming.com has been buying back & reselling game licenses for a while now, so it's not like the infrastructure is totally unknown
I haven't said anything about infrastructure. Of course it's possible to do it.

GMG has approval from the game companies. I've bought several games from them but none have qualified for a "trade-in".

That's not what we're talking about though. GMG is a highly controlled situation . There's no real trading - basically you just get a refund. If first sale applied to used digital games you could sell any game you own to whomever you wanted at any price you decided including free. That's not what GMG does. I wouldn't be shocked if Steam got various game companies to agree to a scheme like this. The important thing would be that Steam and the game companies would get a cut on every game sold, and there would definitely not be any free trading.

I'd rather not have to bother with that kind of system though. You'd have to play along to get the best price. The existence of the system would affect normal sales prices to some degree. I'd rather just keep buying games on sale then have to constantly figure out when to trade my game in. In the end, the pricing is in the hands of the game companies. Trade-ins just make it harder to make determine the true value of a transaction. Stores like Kohls and Victoria Secret are good at this. They have so many complicated percents off, free shipping, "Kohls cash", other nonsense. My wife will spend a ridiculous amount of time trying to figure out the right combination of stuff to get the best price. In the end she never has any idea how much a particular item cost. I'd rather just have a simple system that presented me with a single price.
 

Zombie_Moogle

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Clovus said:
Missing my point. These things already happen & if anything they've helped build the industry to where it is now

Everyone has let someone else borrow their game, use their account, etc. at some point or another. In-game assets are sold on eBay every day; hell, Diablo made it a key feature, although they bungled it up as they did many things with that game. It never crashed the industry. GameStop, Steam, & everyone else are still in business. The wheels keep turning
 

Clovus

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Zombie_Moogle said:
Clovus said:
Missing my point. These things already happen & if anything they've helped build the industry to where it is now

Everyone has let someone else borrow their game, use their account, etc. at some point or another. In-game assets are sold on eBay every day; hell, Diablo made it a key feature, although they bungled it up as they did many things with that game. It never crashed the industry. GameStop, Steam, & everyone else are still in business. The wheels keep turning
And my point earlier is that those things are all difficult enough that 99% of gamers don't mess with them. The stuff you are listing are all really small markets. That would change if it becomes really, really simple to transfer games. The internet will quickly produce a method for making that seamless. You can't compare the effect of physical used game sales on what it would do to the digital market.

Or maybe I'm wrong about that. We really won't know unless it actually happens, right? Let's see what happens in Europe.

I never said it would "crash the industry". I don't think it would help it though.
 

Something Amyss

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Little Gray said:
Well actually they cant.
Yes, they can. Courts have ordered changes in infrastructure before. I also don't buy for a second that Valve could change it, so even that argument falls flat (though that wouldn't necessarily be sufficient as a legal defense).

josemlopes said:
To be honest while there are some Steam games that I would like to get rid off I do think that there might be some weird consequences due to selling used-digital content. For example why would you ever go to Steam to buy the content new if you could go to the "online Steam used-store thingy" and get the same exact content cheaper?
There's a lot of issues that could lead to this, but most accurately the fact that the quantities of keys are finite, even if it's now a digital copy. Relative scarcity is still sufficient to drive new sales.

I'd note that this is actually an argument the gaming industry has used to complain about physical used sales.

Used content in the real world are most of the time cheaper because the fact that it was used means that it isnt in perfect conditions, in here it could become a "I dont want this anymore and I'll take anything for it" thing, kind of like on Ebay.
Of course, you can buy brand new sealed items on eBay at a discount, too. I'm not saying this completely invalidates your point: wear is an issue, but not the only issue.

That means that there could be a huge amount of really cheap used games due to the amount of games that people buy on Steam Sales in bundles and shit... (seriously, a lot of people have quite some games that they arent even planning on playing) so now there would be a place that would make Steam Sales (and their deal of the day and weekend) seem like a time to buy cheap to then sell with a price in between the original one and the one on sale (people that missed the sales or are new to Steam would be the targets)
This sounds like the kind of get-rich-quick scheme libertarians champion that end up failing. Speculation like this rarely works.

Besides, Valve could implement restrictions on the initial sale end that would limit abuse without impacting right to resale. I mean, companies working with physical media do this all the time, and they have to worry about wear and tear.

I could also see such restrictions being extended to Humble Bundles, for example. But again, all of this can be done without restricting resale rights.

Im just afraid that some issues might appear out of the result of this change due to the fact that this industry is changing a lot with time without anyone that actually seems to understand it... or something...
I'm honestly not that worried, in part for the reasons I listed above and in part because it's a consumer rights issue first and foremost. Speaking of rights, every large shift in rights is supposed to be the end of the world. I won't equate this to blacks getting freedom or women getting the vote, but if those didn't topple society like they were supposed to, I doubt giving people determination over their purchases will, either.
 

1337mokro

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thebobmaster said:
[insert comment about how Europe is far superior to the US, in legal terms]


OK, seriously, I have to side with the judge on this one. Used physical games are one thing. But when you can copy a game onto a blank CD-ROM, then sell the game to the used game retailer without actually losing your access to the game, it gets a bit trickier. Then again, I'm assuming this is done over the PC. It's even easier on a console. You just have to transfer the game over to a flash drive in that case, then voila, you now have a copy to keep, and another one to "trade in".
You do understand that this is NOT what was ruled over in this court right?

This was about buying for example a Steam Key, then Selling that Steam Key to a different account, having it be deactivated on your account. Essentially if you are worried about people making a hard copy of that digital content, you can do that with store bought CD's, DVD's, etc. as well. So the point is moot there if you are then going to allow someone to sell a disk.

This is basically idiotic when in essence you are being sold a License to the software so this License should be free game for resale. People just have a hard time wrapping their heads around the idea.

"OMG you could like... make a copy and then sell that copy... and it would be like... brand new and shit! That's not how used is supposed to work!" Have you seen my CD's and Games? They are fucking pristine. There's not much difference nowadays anyway between a physical and a digital copy.

Both technically sell you a license not the actual game itself. So the game comes with the License. So if a Physical copy can be traded around, which essentially means you resell the license. So should a digital one.
 

Elate

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Steam is leading the charge here. They already have the community market setup (you can buy/sell Dota2 keys.)

What this really needs is some way to "package" up digital products, though that means having them in a controlled environment, like steam. Steam controls the access to your game, it's essentially a form of DRM after all. Sure you could copy the game files, and break the Steam DRM, but that is piracy. What it needs is someway for me to transfer the game from my library, into my inventory, and then allow me to sell it, and looking at what they're doing with the community market, it seems that Steam is heading that way.

I've already pointed out how this could actually benefit services like Steam, charge a fixed amount for the transfer (to go to steam/devs), say (arbitrary number) half the games worth, so you know people CANNOT undercut that without in fact making a loss, that way you have some control over the actual pricing of the game. You could always have that based on things like the games age. Then, the companies are making money from what otherwise would be a moneyless sale. As it is right now, developers don't get money from second hand sales of hard copies.
 

Some_weirdGuy

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Zombie_Moogle said:
If I sold you my hard drive with it's contents intact, would that be copyright infringement?
I believe you will find it is. In exactly the same way as if you sold me a burnt dvd with a movie on it. If you are not the copyright holder of that content, you do not have any right to produce, distribute and/or profiteer off their work.

((this is more an example of negligence on your part though, unless you are specifically selling/buying the harddrive for the content it has on it. uUnfortunately I don't think intent plays much of a part in the legality of something like that.))

Zombie_Moogle said:
How about if I scanned a book for myself before trading it in at the local used book store?
legally, do you not believe that doing so does indeed sound dodgy? if someone sold the item to a new owner, if they don't own the product, then they don't have any right to those 'backup copies' either, as they are something afforded to you as the *current owner*, are they not? If anything, they should probably all be handed over to the new owner, or indeed as already mentioned, destroyed.

It's really not some wide grey area like you seem to be trying to demonstrate, it's quite clear cut.

Transfer of licenses, including sale of license, is legal. Videogames are apparently licensed services now, instead of products, so legally I should be able to sell my license to someone else, transferring all usage permission of said service to another party.

The fact of it is that these laws were all written loooong before digital products, let alone resale of those products, were even a concept. There are legal precedents on both sides of the argument.

I have a feeling that, by the time the law catches up to the technology, we'll have something new to argue about the legality of
Certainly they were written quite some time ago, however I think at this point we're not actually debating about the same thing i was talking about in the post you quoted, and this new tangent is actually something I already said I agree with.
((when I brought up how in games case, you have CD keys, which do make sense as something you can sell, cause it is a unique element, that only the copyright owner is allowed to produce and distribute (ignoring keygens and other stuff, which are already illegal). Songs on the other hand don't have a cd key or account you connect it too XD))

I guess however, just like with your example of the book, copyright is primarily based on an honour system. You can make copies of stuff and then sell the original, and probably go undetected... but really you're a bit of a dick if you do, and even though it's hard to get caught it is definitely still illegal.

----------
Personally I think it is *exclusivity* that is the core of this... issue? If digital content is to be resellable, than it needs some form of stronger owner exclusivity, DRM and cd keys and so on in games are an attempt at this(despite their shortcomings). In real life, this exclusivity comes from the fact that copying something physical is generally quite hard, in the digital world where copying is as easy as pressing a button that's not the case, and so new measures may well warrent consideration. ((especially with how digital has grown, making distribution also another non-hurdle))

Meaning it's not just the laws that are outdated, the method of defining ownership itself is outdated XD Both need to be adjusted to compensate for this much less tangible, digital realm of owner-content.
 

Strazdas

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Clovus said:
No. When you buy the product the EULA grants you a license to do all the copying necessary to use the product. It doesn?t allow you to make or transfer a copy to someone else. The Judge is perfectly aware that copies of software are made when it is used.
Fair enough, in US EULA has legal power so we can go for that.

Moving copies of files to your iPod is probably legal in the US because it falls under "Fair Use". This trial has to do with "First Sale". No media company has been dumb enough to actually take someone to Court for format shifting, but, if they did, they'd probably lose.
Fair use is very undefined and court has a lot of choice what to consider fair use. On the other hand where i live fair use is pretty much extict thanks to MS and their friends psuhing in a new copyright law. in fact if i were to make a review about a game and use its footage that i recorded myself playing for it i would be breaking the law.

We're talking about the US, and a Judge could not do that because of the DMCA. For example, it is a "fair use" to make a backup copy of a Blu-Ray disc. However, under the DMCA it is illegal to sell a product to actually make that backup. This is dumb, but that is the current law. No Judge is going to compel a company in the US to remove their DRM system.
US law system works on precedent. Judges are told to use common sense and not blindly follow the laws, and in thoery they should do that. in practice, we get this. a Judge CAN dismiss some parts of DMCA as irrelevant to situation, however due to corporations holding up everything nowadays that would be a professional suicide. Pretty much like aknowledging that a politician lied, noones is going to elect him again.

Think about what would happen with digital resale. People will quickly realize that they can just "resell" for free. It would be trivially easy to set up websites to allow people to turn in music, movies, games to download other games. Every digital product sold will introduce another copy into this gigantic, super easy to use lending library. And the best part is that the product never degrades! That single copy can be used by hundreds and work perfectly every time. That doesn't sound like it could be a problem? Publishers will have to make back their investment on only the first month or so of sales and that's it.

But, hey, screw those big companies. They make plenty in a month, right? But what about all the indies that often need years just to make it. They often live off the sales of the current games while making the next one. Is it really so awful to actually pay the people making a game? Why is that a bad thing?
noone will offer free resale services. though some of those may be paid with ads. You already got huge super easy lending library. we call it piracy (wrongly, as its not piracy, but hey the media forms dictionary nowadays it seems). It is good that product does not degrade, it means we can go past the resource monopoly powers. and no, that is not a problem. that is only a problem for those that want to cling to old and practically obsolete models of online trade.
Publishers will make their investment back easily, if they publish items people want to keep. sure, if you buy crysis, play it for 5 hours and never pick it up again, the game is CERTAINLY NOT WORTH 60 dollars. and its used market is huge. while games where people want to keep them wont cause big resale market. so what this does is encourage people to make good games instead of 5 hours spectacles. how is that a bad thing?
indy market lives not because people are forced to pay for them, but because people want to. you cna get any indie game illegaly easier than legally. but peopel still buy them. why? becasue they want to support the developers. it is beneficial to the egoistic users to support good developers.

There's nothing wrong with a short game. Was 'Journey' a bad game? Even a long game can be finished in a few days. What about movies?
nothing wrong with having a short game. plenty of wrong with asking the same amount of money for it as a game you can play for years. I haven't played journey, but i heard good things about it. was it going for 60 dollars though? if you are selling your short game for, say, 10 dollars, most people wont bother reselling even if they can because the resale value will be not worth the effort (aka i can get paid more in the time i spend setting up the resale if i did something useful).

Also, you can only play a few games at a time. I have over 200+ games on Steam, but I'm only playing a few at a time. I'd just upload those to the lending library, and grab them again when I wanted to play again.
it is stupid to buy 200+ games that you are not playing. you should not have bought them to begin with. if the situation is you bought them, played, didnt like/dont wnat to return, then sure sell them off, just like with any other good.
I have a list of over 200+ games i want to play too. but guess what - i dont own them. i buy the game when i start playing them, till then all they are is a list of words.

I really just don't see how the digital market needs to be fixed. What's wrong with it? I've never had such easy and cheap access to media in my life. Steam (and the other digital download sites) constantly offer me all the games I want for like less than $10. With smaller companies a lot of that money actually goes to the people who made the game. I get cheap music albums from Amazon all the time. Used CDs at Half-Priced Books are like $6 or $7. Amazon sells full albums for $2.50 - $5.00. And there are more ways to get indie music.
I think its not so much as fixed as improved. the digital market is still very poorly made. steam is probably the only company that does it right across ALL media types. Netflix comes close but fails with thier rent-only part. not tom ention that steam is pretty much the only platform thats available worldwide. if you get all the games you want for less than 10 dollars, woudl you bother reselling them, knowing that you would get maybe 5 dollars for it? if the asnwer is no, your whole point you made previuosly is moot. Also that onloy works if you buy everything at sales blindly,. try searching for what you want instad of what they offer and you see that you end up hitting the 60 dolalrs for an album barrier a lot.

We already have an example of what the used market does with games for consumers. On one side you have the consoles with physical resale. Console games cost more and it's much harder to find big discounts. I hardly ever buy a game for my PS3 because of this.
that is a problem of publishers. they dont udnerstand how the market works. or well maybe they do and are abusing it as much as they can. physical sales always should cost more because it adds costs of printing, shipping and paying a cut for the local distributior. if all of that were to be taken away we could easily cut 20-40% of the price without making ANY loss to the publisher. but they wont do that because then the local retailers woudl throw a fit and god forgive we anger this 1% of gamers that refuse to buy digital.

Could you imagine how messed up it would be if you could transfer your "license" for something like Guild Wars 2?
actually, many MMOS allow you to trasnfer service time to other accounts, therefore pretty much trasnfering license.

Clovus said:
And my point earlier is that those things are all difficult enough that 99% of gamers don't mess with them. The stuff you are listing are all really small markets.
You are very wrong here. Stuff like gold sales on Ebay are HUGE markets and in games that support some sort of official version (for example Eve Online) this spans for over half of their players (according to CCP statistics for their game).
 

Clovus

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Strazdas said:
We're talking about the US, and a Judge could not do that because of the DMCA. For example, it is a "fair use" to make a backup copy of a Blu-Ray disc. However, under the DMCA it is illegal to sell a product to actually make that backup. This is dumb, but that is the current law. No Judge is going to compel a company in the US to remove their DRM system.
US law system works on precedent. Judges are told to use common sense and not blindly follow the laws, and in thoery they should do that. in practice, we get this. a Judge CAN dismiss some parts of DMCA as irrelevant to situation, however due to corporations holding up everything nowadays that would be a professional suicide. Pretty much like aknowledging that a politician lied, noones is going to elect him again.
A normal Judge is not going to "dismiss" part of a law in the US. I really don't see any influence from corporations in this situation. There's not much evidence that Judges (outside of case like patents in East Texas) in the US are influenced like this. Politicians are through lobbying. Certainly in this case the Judge is making a ruling based on the laws. Those laws were definitely influenced by corps though.

noone will offer free resale services. though some of those may be paid with ads. You already got huge super easy lending library. we call it piracy (wrongly, as its not piracy, but hey the media forms dictionary nowadays it seems). It is good that product does not degrade, it means we can go past the resource monopoly powers. and no, that is not a problem. that is only a problem for those that want to cling to old and practically obsolete models of online trade.
What's the alternative to this "practically obselete model of online trade"? I don't see much difference between copyright on and off-line. In the physical world you can produce CDs and DVDs extremely cheaply compared to the millions of dollars spent on making them. Online that reproduction drops to nearly zero. In both cases we are creating a special monopoly for restricted distribution of a work so that the creators are compensated.

Look, if first sale applied then you'd simply have The Pirate Bay for used games. The cost of transferring a Steam code from one person to another is pretty cheap - pretty similar to arranging a torrent. There's really not much overhead there. Piracy is really easy but a large number of people don't do it because it's clearly immoral and illegal. Swapping used titles for free would be both legal and moral. The barrier there is much, much lower than piracy. It would be huge.

Publishers will make their investment back easily, if they publish items people want to keep. sure, if you buy crysis, play it for 5 hours and never pick it up again, the game is CERTAINLY NOT WORTH 60 dollars.
You only get to determine that value proposition for yourself though. If you don't want to pay $60 for that experience, then don't. Just wait; that's what I do. I think I paid like $10 for Crysis 2 and that was fine. You don't have some weird right to immediately have access to whatever you want at whatever price YOU determine. I'd say there are definitely pieces of media that are worth $60 even if they're only 2 hours long. I mean, are the Twilight books worth more than "Heart of Darkness" because of the number of words in them? Ridiculous.

and its used market is huge. while games where people want to keep them wont cause big resale market. so what this does is encourage people to make good games instead of 5 hours spectacles. how is that a bad thing?
I'd rather artists just make what they want and then I determine if I want to buy it at that price. Not every piece of media has to 40 hours long. I'll take some Spec Ops: The Line with my Skyrim. The dumb need to avoid resale actually made Spec Ops worse by encouraging the devs to waste time on pointless multiplayer. I'd say that Spec Ops is worth $50 or $60 even though it's short.

indy market lives not because people are forced to pay for them, but because people want to. you cna get any indie game illegaly easier than legally. but peopel still buy them. why? becasue they want to support the developers. it is beneficial to the egoistic users to support good developers.
Yeah, I feel good about giving money to indies. But indie isn't just a guy in his garage. Sometimes they actually employ a good number of people and relying on a basically patronage model isn't always going to work. The standard model also supports good developers.

nothing wrong with having a short game. plenty of wrong with asking the same amount of money for it as a game you can play for years. I haven't played journey, but i heard good things about it. was it going for 60 dollars though? if you are selling your short game for, say, 10 dollars, most people wont bother reselling even if they can because the resale value will be not worth the effort (aka i can get paid more in the time i spend setting up the resale if i did something useful).
I think 'Journey' was $20, which apparently is a huge ripoff. I only played it for like 6 hours. I paid $35 for Skryim and played over 100 hours. I paid like $10 for Crusader Kings II and played over 100 hours. The 'Journey' devs are clearly "plenty wrong" here. What? That's nonsense. If you don't like the price of game, then don't buy it at that price. The physical used game market is a small drag on games that aren't meant to be played 100+ hours. I don't see why those games have to be punished. That doesn't make them bad games. I spent like 30+ hours in Saints Row 3, but Journey was actually worth more. A huge digital used game market will hurt smaller, quality games.


it is stupid to buy 200+ games that you are not playing. you should not have bought them to begin with. if the situation is you bought them, played, didnt like/dont wnat to return, then sure sell them off, just like with any other good.
I have a list of over 200+ games i want to play too. but guess what - i dont own them. i buy the game when i start playing them, till then all they are is a list of words.
I meant my total library. I do have a large number of unplayed games, but I buy games when they're on sale. I always have plenty of stuff lined up and can jump from genre to genre. Works for me. I have 200+ in my library that are finished. There's too many games to really go back to old ones very often, I just don't have the time. I like playing new stuff(at least to me, I play old games sometimes). I feel like I've definitely gotten what I've paid for on those.

if you get all the games you want for less than 10 dollars, woudl you bother reselling them, knowing that you would get maybe 5 dollars for it? if the asnwer is no, your whole point you made previuosly is moot.
What? I think if I could trade my games for other games, I would. You're acting like this would work the way it does at Gamestop. Online you wouldn't need a middleman making money in the process. It would be really easy to facilitate anonymous gamers trading directly. I'd even do what you're describing - that's 50% off.

Also that onloy works if you buy everything at sales blindly,. try searching for what you want instad of what they offer and you see that you end up hitting the 60 dolalrs for an album barrier a lot.
Wow, thanks for the advice, I'll stop just drooling and buying everything during Steam sales blindly. I follow gaming very closely and know exactly what I want. I buy the games that I know I want to play when they reach the price I want to pay for them or lower. It's working out great for me, so I don't need this kind of sage advice.

that is a problem of publishers. they dont udnerstand how the market works. or well maybe they do and are abusing it as much as they can. physical sales always should cost more because it adds costs of printing, shipping and paying a cut for the local distributior. if all of that were to be taken away we could easily cut 20-40% of the price without making ANY loss to the publisher. but they wont do that because then the local retailers woudl throw a fit and god forgive we anger this 1% of gamers that refuse to buy digital.
And yet PC exclusives still often start at $50 or $60 with no retailers to piss off. That's becuase you're talking nonsense. Only the minimum price of a product is determined by the production costs. In the real world market, the price is determined by what the market will bare. If people want to pay $60 or more for CODX, then Activision should sell it at that price. After sales decrease, they lower the price. You seem to want to enforce some weird centralized pricing scheme.

actually, many MMOS allow you to trasnfer service time to other accounts, therefore pretty much trasnfering license.
Which would make sense for many MMOs where you buy time or ISKs and stuff. In GW2 you just buy the title for however much and get access to the servers for free. If you could transfer that over and over again ArenaNet continue getting the money needed to actually run the game. This worked in the first Guild Wars. When you buy, they'll provide you with a server for as long as you play - but that business model is based on NOT having every copy be used infinitely on the server. But, hey, that's apparently antiquated thinking, even though it works and it's a model created specifically for the internet.

And my point earlier is that those things are all difficult enough that 99% of gamers don't mess with them. The stuff you are listing are all really small markets.
You are very wrong here. Stuff like gold sales on Ebay are HUGE markets and in games that support some sort of official version (for example Eve Online) this spans for over half of their players (according to CCP statistics for their game).
Yeah, you really proved me wrong by bringing up the excellent, but rather small EVE. It's great that EVE created a way to have in-game assets be traded easily and use those to pay for access to the game. That model won't work for every game in existence. ArenaNet wanted to avoid having players deal with monthly subscriptions and not use F2P methods. It works for them because there is no first sale.
 

Woodsey

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Whilst I'm well aware that the European ruling over here has gone in favour of reselling digital content, I still don't understand how anyone actually expects it to happen.
 

Strazdas

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Clovus said:
Piracy is really easy but a large number of people don't do it because it's clearly immoral and illegal. Swapping used titles for free would be both legal and moral. The barrier there is much, much lower than piracy. It would be huge.
Do read this post that i got permission to quote whenever such stupid claim occurs.
bastardofmelbourne said:
I think it's morally wrong on the same level that jaywalking is morally wrong. As in, not very.

The problem with talking about piracy as a moral question is that it opens up a whole bag of moral quandaries that you don't really need to address. Let's say copyright infringement is morally wrong in the basis that you are deriving the benefit of a creator's work without paying for it. Under that framework, I can think of a number of equally wrong but socially acceptable activities, such as;

- borrowing a book from a friend
- buying a used video game
- accepting a hand-me-down iPhone from a sibling
- reading a comic book or a magazine in the store
- watching a DVD of the Avengers at a friend's house
- listening to music played on your friend's music player
- watching a clip of a comedian's stand-up routine on Youtube

You can keep going. Under the moral framework for copyright infringement, literally any scenario where you obtain the benefit of a work - reading it, watching it, listening to it - without paying money to the artist is morally wrong. That's unworkable. There isn't a single human being in the first world who hasn't done one of those items on the list at some point in their lives. They're all about as malicious as eating the last slice of cake, or telling your girlfriend she doesn't look fat in those jeans.

Add that to the fact that, as I said, if you take a moral view of copyright law it's morally wrong to pay anyone other than the creator. How much of the money made from music and films goes to the creators and how much goes to the lobbyists and industry powerbrokers behind the MPAA and the RIAA? How much of the money made by sales of Batman comics goes to Bill Finger? If I buy a copy of the Hobbit, does the deceased Tolkien get the money? His descendants get the money - people who are passively deriving a benefit from their grandfather's achievements.

Once you apply a classical moral framework to copyright law, the whole structure collapses. If the point of copyright is to benefit the author, why does it persist past the author's death? Why is it possible to sell your copyright in a work?

So how do you answer those questions? You don't. Copyright infringement isn't illegal because it's morally wrong - it's illegal because the law says so. This might seem unjust, but it's what happens when powerful lobbyists use a shallow appeal to morality to justify expanding the scope and length of copyright far past the point of absurdity. Better to think of it as a legal question concerning legal rights and governed by legal principles. That way, at least it makes sense.

When you get down to it, the only time anyone is going to care about copyright infringement is when you're being sued for it. And when you get put in front of a judge, talking about morality isn't going to get you very far. The judge is sitting in front of a big book called The Law, and he wants to find out if what you did was illegal, not if it was wrong.

I'd rather artists just make what they want and then I determine if I want to buy it at that price. Not every piece of media has to 40 hours long. I'll take some Spec Ops: The Line with my Skyrim. The dumb need to avoid resale actually made Spec Ops worse by encouraging the devs to waste time on pointless multiplayer. I'd say that Spec Ops is worth $50 or $60 even though it's short.
and you completely misudnerstood my point, then went on to make the same point i was making. its nto about lenght, but about content. if the game is GOOD ENOUGH to make you want to keep it, thne you wont be reselling it anyway. if its not, this is merely depriving you of your rights (yes, your rights, not content creator, content creator should have absolutely no say in second hand sale).

Yeah, I feel good about giving money to indies. But indie isn't just a guy in his garage. Sometimes they actually employ a good number of people and relying on a basically patronage model isn't always going to work. The standard model also supports good developers.
the standart model supports ALL developers. the new one woudl support good developers, whether they be a indie in a garage or a indie with 200 people staff and punish the bad ones. sort of like how law system should work. well, should anyway.

I think 'Journey' was $20, which apparently is a huge ripoff. I only played it for like 6 hours. I paid $35 for Skryim and played over 100 hours. I paid like $10 for Crusader Kings II and played over 100 hours. The 'Journey' devs are clearly "plenty wrong" here. What? That's nonsense. If you don't like the price of game, then don't buy it at that price. The physical used game market is a small drag on games that aren't meant to be played 100+ hours. I don't see why those games have to be punished. That doesn't make them bad games. I spent like 30+ hours in Saints Row 3, but Journey was actually worth more. A huge digital used game market will hurt smaller, quality games.
second hand market digital or physical has same effect. Journey was worth it to you and so you paid. maybe it wont be worth it for another person and he wont. but now if he found out its a crap (to him) game, he is still stuck with paying the full price. when instead he could sell this game to somone that will enjoy it and go buy a game he enjoys isntead. its going to hurt short games that people dont want to keep? yes. start making games people want to keep.

I like playing new stuff(at least to me, I play old games sometimes). I feel like I've definitely gotten what I've paid for on those.
so you play your old games sometimes, therefore you would not be the one to trade those in if the option was possible. if you would you wouldn't be able to play the games you like.
And yet PC exclusives still often start at $50 or $60 with no retailers to piss off.
they start at 50 dollars exclusively not to piss retailers. retailers for PC is still the majority of the trade.

You seem to want to enforce some weird centralized pricing scheme.
i want to enforce a system where consumers dictate the price and not publishers.

But, hey, that's apparently antiquated thinking, even though it works and it's a model created specifically for the internet.
it works due to forced restriction that defy common sense and even then it barely does so. mercantilism is also a model created specifically for national economy, however noone uses it because it was a failure, even if it was popular in its days.

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