On Used Games, etc.

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ralfy

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GonzoGamer said:
People still argue about this? It's like politics; both sides are championed by big corporations who just want to suck as much money out of you as they can.
Nobody had a problem with used games until Gamestop started gouging the market and selling used games to people searching for new copies.
On the other hand the publishers exaggerate the effect it has on their bottom line so they have an excuse to run online passes, day 1 dlc, and other stupid schemes.

No matter who wins that war, the people who will get crapped on the most are the legitimate consumers: and used consumers are legitimate consumers as they do sometimes buy/pre-order new games and get them as gifts.

It's almost enough to make me want to pirate.
If sucking out as much money as possible is the goal, then only one side is logically supported. And ultimately it may move to removal of ownership of games: you can only rent them, with the time limited by online activation services that may be removed. With that, the used games market will become much smaller, limited only to games that you are allowed to own and sell.
 

ralfy

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Draech said:
And when you dont evne seem to read the link you send me is where I stop listening to you

"but they do hate the practices of GameStop and those that followed to force used games upon their customers - if you want to hear about nuclear options, GameStop fired theirs first. A colleague of mine brought to light how bad this has become just the other week. He went into his local GameStop and was point blank REFUSED the option of buying the game he went to get new. After pressuring the sales assistant for a few minutes he finally got his new game - but only after the assistant got his manager's approval to sell it to him. That's the state of retail today, and it's not healthy for the consumer at all."

-from the article you linked.
The article was NOT meant to support my arguments but to show that no facts were given. Ironically, the quote you gave is proof of that. In contrast, this is more helpful because it gives data and arguments based on data:

"If You Resell Your Used Games, The Terrorists Win"

http://hothardware.com/News/If-You-Resell-Your-Used-Games-The-Terrorists-Win/

You are a bloody idiot. This is what I have been saying for so many post now and then you link it to me saying eh exact same thing. Learn to read what you link. Congrats for linkign an article proving my damm point.
One more time: I shared Browne's article to show that no data was given. What's more important is that his conclusion, that games are not supposed to be seen as "disposable entertainment," may go against publishers' measures to deter used game sales. That's all explained in my previous message. Do you understand my argument now?

Now, try the next article I shared. It counters generally all of Browne's points using data from the game industry and from Gamespot. In short, it contains facts that you claimed you gave but did not.

Makes me think that you dont read what I am actually saying.
I read your messages. The problem is that you mention that you gave facts, but you gave none. And you still continue harping on the irrelevant point below:

And no read my stuff again. It is not a slippery slope argument. Services are Servies. If you are going "There is a chance it will shut down" as a reason then you need to understnad that applies to ALL services. ALL SERVICES CAN GO DOWN! ALL OF THEM! THAT IS A FACT! IF YOU THINK THAT ANY OF YOUR OTHER SERVICES ARE 100% SURE ALL THE FUCKING TIME YOU ARE LIVING IN A DREAM WORLD! It is not a this will lead to this. Learn to read.

I am not even going to comment on your last paragraphs, because you are setting up a strawman. I never said that they can take past ownership away from you. No one did! It is a strawman.
One more time: it is a slippery slope argument as you are assuming that "services are services." That is completely wrong. Buying a video game is NOT the same as paying for electrical service. You pay a license for the first and a service to the other. Stop giving wrong analogies.

Your last point, that I am setting up a strawman, is also completely wrong as video games were sold without online activation in the past, and some still are. There is NO misrepresentation of the issue given that.

Finally, I NEVER stated that you argued that ownership will be removed. Read my message very carefully and see for yourself. What I am saying is shared by L1 and what I think is the only way for publishers to stop the sale of used games. Or do you think there will be other ways?
 

GonzoGamer

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Draech said:
GonzoGamer said:
People still argue about this? It's like politics; both sides are championed by big corporations who just want to suck as much money out of you as they can.
Nobody had a problem with used games until Gamestop started gouging the market and selling used games to people searching for new copies.
On the other hand the publishers exaggerate the effect it has on their bottom line so they have an excuse to run online passes, day 1 dlc, and other stupid schemes.

No matter who wins that war, the people who will get crapped on the most are the legitimate consumers: and used consumers are legitimate consumers as they do sometimes buy/pre-order new games and get them as gifts.

It's almost enough to make me want to pirate.
Now while you are half right on this, there is more to it.

The industry did took a Halfstep rather than a full step. The online passes only serves to to make things difficult while it doesn't actually solve the problem. It just highlights the problems with digital services limitations.

If they went fully digital there is a possibility here of competition on equal grounds with Smaller indie titles and the idea of a price point actually becomes a legitimate point of negotiation. Currently the Brick and mortar stores are kicking and screaming as their business model is going the way of the dodo (If you want a direct comparison a bit earlier look at the record industry). Physical media is on it way out. We can make it cheaper and safer with digital media, but when you are in the physical media business you want your business to last as long as possible. The main reason digital games cost the same as retail even thou they are cheaper to make is because the brick and mortar stores still have enough weight to demand it. Let us take Valve for example. They still need to sell physical copies. If they dont play ball with game stop they wont carry their games and they will see millions of lost sales.

We are seeing a change from physical product, into service when it comes to digital media. That is the end game. For all digital products. And the problems we are seeing right now will go away when the physical market finally dies in a few years.
But this only proves my point and highlights how capitalism is just devolving into looterism; and it's obvious that the game industry isn't the only culprit.
Rather than seeing how they can adapt and add value to the industry (which is by the way how successful businesses flourish) they only look at how they can squeeze as much money out of the consumer right now. Both gamestop and the publishers (hell even the platform developers) are guilty of this.
 

ralfy

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Draech said:
Ralfy said:
Get it through your thick skull.

1 prevented sale = 1 sale lost.

FACT = PROVEN!
That's not right! Loss of money is NOT the same as loss of the opportunity to make money. If they were the same, then all business will argue that they are losing money no matter how profitable they are!

Which not surprisingly is what publishers are doing given this topic!

I dont need to to point out how much money is lost when I never argued a certain amount. I argued that there is money lost. END OF STORY! You need to prove that this doesn't happen in Order to refute it. That my proof was made up. You wont be able to, because you know that this is happening.
See, this is what I mean: you equate money lost with the opportunity to make money lost. They're not the same! To show that used games sold leads to money lost, we should be seeing DECREASING sales for the game industry, and the second article shows otherwise.

EDIT: I had time to scope the amount of horseshit you just linked me. The Statistics are completely irrelevant. He just trumps off a random reason he finds to be the cause and doesn't back it up. I mean him dragging out the "First sales doctrine" when the first sales doctrine doesn't go "You have a right to buy it" is just dumb on so many lvl. But the most mindblowing thing is this right here
No, the ONLY horseshit is coming from you. In fact, every point you made in the paragraph above describes what YOU have been doing perfectly, e.g., arguing that statistics are irrelevant (and then waiting for me to give them and using that to bolster your views), comparing games to "all services," arguing that any "doctrine" should include the right not to buy it, etc. Let's not forget the completely ridiculous analogy between buying games with paying for electricity.

"Let's call that $2.5B and further assume that every single used sale can be translated into a full-priced revenue sale for the publisher. Total game sales in the US for 2010 was $10B according to NPD--which means that even if GameStop gave all $2.5B right back to publishers, it's not enough to matter long term"

I am sorry but 1/4 of the profits from sales of a game doesn't matter long term? Is he fucking insane?
Wait, I thought statistics are irrelevant. So why the sudden turnaround?

Profits are not the same as revenues. And far from your claim that the article gives points randomly, it does the complete opposite: counter each non-proven assertion by Browne point by point.

For example, it was claimed that pre-owned games lead to loss of money. That's not true: sales have been going up each year. The only time it went down involved problems with the Wii and DS titles, and that didn't involve used pre-owned games.

Next, it was claimed that pre-owned games are the reason why game prices are high, and yet no publisher has stated that they will lower game prices if there is a decrease in sales for used games.

Given that, what is driving high game prices? The next chart shows that plus a cost curve for each generation of games. At that rate, not even the removal of used games will help!

THAT is the context of the paragraph you shared. Put simply, the problem isn't the used games market but increasing costs. That's why the writer argues that shutting down that market won't matter in the long term, because after that, given the cost curve, costs will continue rising. What will happen then?

That's the point in the last paragraph of the article which you didn't mention: removing the used games market will NOT bring down prices. However, it will cover increasing costs, but only to a point when the cost curve trend will lead to another increase in costs that even gains from a closed used games market will NOT cover. When that happens, prices will have to go up.

Finally, the point that wasn't raised in the article is this: how will publishers close the pre-owned market? Unless political lobbying is strong enough, I don't think they will be able to encouraging passing of laws to do that. In which case, what happens next? Well, think of it this way: someone mentioned the issue of piracy, which also concerns publishers. As shown in some recent titles, they have been experimenting with various ways to prevent piracy, and several of the schemes may also be used to prevent the sale of pre-owned games: online activation, continuous verification, locking the game to a particular product key and ID of the device where the game is installed, putting parts of the game online and requiring online access while playing the game, etc. But one option to supplement these may be placed in the TOA: that you don't own the game. Instead, you are given the license to play it, and the publisher can revoke that license after a certain period. In that case, the servers that check for online activation or that feed parts of the game may be shut down. You can't complain because you don't own what you bought; you simply rented it or was given the right to use it by the publisher for a certain period. And following what you wrote ealier, if the gamer doesn't like such terms, he can choose not to play the game, or maybe patronize publishers who will not require such terms.

Keep in mind that this option not only weakens the pre-owned market and piracy, it also strengthens publishers' needs to sell as many copies of as many titles as possible. Note that in the article it was stated that publishers may be releasing many titles, many of which don't do well, with the few that do well paying for the losses due to most. And since several games are now being sold digitally, then this becomes a better business model for publishers. To recap:

1. Publishers may require that gamers don't own games that they buy; instead, they are given a license to use them for a limited amount of time. With that, there won't be used games to sell. This will be necessary if no laws are passed not allowing pre-owned games to be sold.

2. Require activation, putting parts of the game online, etc. That way, it will be more difficult to pirate the game. Also, it provides for more opportunities to make money. For example, if you need to buy a new device to play your game, the publisher may require you to buy a new copy of the game because the old one was registered for your old device. This also makes attempts to sell used games useless.

The same process can also be used to make even more money, e.g., offer a "complete" game and then DLCs, etc., for a "better experience" for additional fees. Many of these points were mentioned in the video.

3. If prices go up, gamers will have no choice but to accept that. But publishers will have to assume that given their increasing costs (again, see the cost curve mentioned in the article) gamers will have increasing discretionary income to buy the same number of games (or more) even at higher prices. Will this happen in the long term? With that, your senseless argument, that gamers who don't like such terms can go away, makes no sense, as publishers NEED those gamers to buy MORE games to cover their increasing costs.

4. Browne's argument, that gamers shouldn't sell games that they bought because games are not supposed to be "disposable entertainment," ironically works AGAINST what publishers want, i.e., gamers should BUY MORE games and NOT SELL their old games. In short, for the gaming industry to continue profiting, games HAVE to be disposable entertainment. At the same time, given the cost curve, gamers have to buy more games each time, or publishers have to find MORE ways to make more money from the same gamers.

So, do you still think I am giving a straw man, or do you think I very much described the current phenomenon? And outside the senseless argument that "if you don't want it, then don't patronize it," would you be happy with the four points I raised above?
 

ralfy

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GonzoGamer said:
But this only proves my point and highlights how capitalism is just devolving into looterism; and it's obvious that the game industry isn't the only culprit.
Rather than seeing how they can adapt and add value to the industry (which is by the way how successful businesses flourish) they only look at how they can squeeze as much money out of the consumer right now. Both gamestop and the publishers (hell even the platform developers) are guilty of this.
Well said! This supports my most recent message and, as you put it, very much describes what is now taking place in other media businesses. With rising costs and the increasing need to make more profits to satisfy investors, not only more titles have to be made but more sales have to take place. That is why, as you put it, they need to "squeeze as much money out of the consumer right now." In some e-book and digital music markets, what you buy is locked to your device, etc. If your device no longer works and you have to buy a new one, then you may lose all of the e-products you bought. That's why ultimately removal of ownership of what consumers buy is what publishers want: that they, consumers can no longer sell what they actually don't own, and they will have to buy the product again if another device to access it is used. Meanwhile, used products are purchased at the lowest rate possible and then sold at significantly higher rates, with consumers only getting a fraction to be used as credit to, among other things, buy new games.

With some games at around $50 or so a title, it may now be increasingly difficult for gamers to buy more games, which is why they need to get more credit by selling their old games. Publishers, meanwhile, have to release more titles and sell more of each title to ensure higher sales, which is the only way to cover their increasing costs and satisfy their investors. Costs, meanwhile, may be going up because, among other things, gamers want games with better graphics, etc.

The last thing that publishers want to happen is, ironically, more gamers complaining and moving away, probably to indie developers or publishers who don't want restrictions, if not resorting to piracy.

If any, this is probably an important point that L1 did not not raise, and it doesn't sound comforting because the implication is that at least for complex and more costly games, the game industry will ultimately fall apart.
 

GonzoGamer

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Draech said:
GonzoGamer said:
But this only proves my point and highlights how capitalism is just devolving into looterism; and it's obvious that the game industry isn't the only culprit.
Rather than seeing how they can adapt and add value to the industry (which is by the way how successful businesses flourish) they only look at how they can squeeze as much money out of the consumer right now. Both gamestop and the publishers (hell even the platform developers) are guilty of this.
Now can you tell me a method where they can add value to a game that doesn't also add value to the used game and leaves them back at the status quo?

Did I miss your point when you said Add value?

Explain how you would Add value and prevent gamestop from taking sales from you.
I meant value to the industry and perhaps even society.
But to your point,
Starhawk does one thing good and one thing bad: it has the online pass which only raises the value of the product for the publisher while diminishing the value for the consumer. The thing that it does right is patching the game to include more features and even a new multiplayer map. That not only adds value for the consumer but it also discourages them from trading the title in.
And I'm sure if they put their minds to it they can find plenty of other ways to make gamers not want to trade in their games.
I'm playing Borderlands 2 right now and already I can see myself playing this game for a couple of years as I'm looking forward to playing it with the other characters. No way I'm trading that one.

See, I don't trade my games in to gamestop or buy used games (anymore; I did when I had less money) but I do swap with friends. Borrowing or renting a game with an online pass makes it less likely that I'll buy a new copy since usually the most compelling part of the game is the multiplayer.
 

ralfy

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Draech said:
You keep sidestepping the argument over and over in an attempt to muddy the water. His Statistic are irrelevant to the point he is trying to make. How good game sales were 2006 compared to this year is completely irrelevant to whether or not gamestop sold 2,6 billion worth of used games.
It's the other way round. Game companies argue that they are losing money because of used games sold. But the numbers show that they aren't losing money. If any, they are arguing that they are losing the opportunity make more money, but that's not the same as losing money.

Thus, the problem isn't that I'm sidestepping "the argument over and over." It's that you're supporting an argument--that game companies are losing money--that's not even true.

Listen here. Since you keep sidestepping the fucking point over and over Ill cut it down to what you need to deal with.

I go to a gamestop wanting to buy a new game. In other words I have 1 sale in the bag for the developer.

Both these scenarios are proven to happen on multiple accounts.

- Gamestop talks me into buying used.
If I walk up to the counter with a piece of developer product and gamestop then goes "You will save 5$ if you buy used" that is a lost sale, that I then agree on. I had X amount of cash set for games there and Game stop siphoned it off. That is a lost sale. That is a chance to make money they prevented. This is a proven fact I have gone on about. And the thing is they cannot make a better product or lower their prices out of this BECAUSE THE PRODUCT THEY ARE SELLING WILL ALWAYS BE THE SAME BUT CHEAPER!
See what I mean? You're making the same error again: a lost sale is not the same as publishers losing money. To lose money, you need to show that your sales went down from the previous year. But that's not taking place.

If you keep equating losing money with losing the opportunity to make more money, then you can argue that all companies lose money no matter how profitable they are!

This reason makes NO sense whatsoever.

- Gamestop forces me to buy Used instead off new.
Gamestop can force you to buy you by making it the only option. AND THEY DO! This is also proven on multiple occasion. They will order less copies in so they can sell the copies they get back as trade ins to people without another option. They will repackage used games and sell them as new to the unsuspecting buyer.
Any reports to back this up? What will be more important is to draw out the finding that most gamers don't want to buy trade-ins, don't want to trade in old games, and want to buy new games at full price. That's the best way to show that they are being "forced" to buy what they don't want.

Statistic on how often this happens is completely irrelvant to this point, when it not that is being argued. A lost sale is a lost sale. Fact of the matter is that games stop has a financial insentive to push used games because they make more money from it. And so they do at the cost of new sales.
Again, an opportunity cost is not the same as actual ones. For your argument to be true, we need to see that opportunity cost in game companies' financial statements, leading to a drop in sales from the previous year.

The whole idea that they do not prevent sales is laughable. That you then go ...
I am sorry, but please show me that crystal ball you have that shows you alternative versions of the world where profits are the same as this one, but used games dont exist. That sales didn't go down doesn't prove that used games doesn't cost sales. How many different titles were produced each year? If one year has 2x the titles produced, shouldn't we see an increase in games sales? You didn't put that in the metric? There are way to many factors in what makes a game sale to use it to prove anything you are trying here.
But we do see an increase in game sales ever year! In fact, the trend line shows increasing sales, revenues, and profits for many years, even as used games were being sold. The problem, as pointed out earlier to you, is that costs are going up for each generation of games, such that at some point even units of used games converted to new units sale won't cover the cost increase!

What you need to understand is that Games can be changed into services. And you need get over this idea that you "Buying" games makes that impossible. If I have a minecraft server and you buy minecraft, then you didn't buy my server. You bought a tool to access it. My server is providing a service. If the only way to play the game regardless of it being nessesary or not is buy using the publishers server, then bamm it has become a service. Fact is if you have anything that you cannot do without a connection, there is a service involved. You may have bought the tool you need in order to use the service, but that doesn't make it any less of a service. Steam could give people 2 weeks warning of having them download the titles they have in their library and then unlock theirs clients and shut down their servers. If this isnt' a service, then we have no right to demand that we can get a download whenever we please. We may have the licences to used the software, but that doesn't require them keep their services up and running.
Exactly! That's the point that I made at the end of my last message! But several games sold today are not offered in that way yet, which is why your analogy is wrong.

...

I didn't compare games to services, I compared services to services. That you refuse to believe that games can be services is your problem.
There is a difference between "is" and "can be." When you buy games today, you can sell them to others. That's why it's not the same as paying for electricity. In the future, they will be offered as services. And that's when you can compare them with electricity.

On the other hand, we will also have to consider pricing and what gamers can afford to pay. That's why your point that those who don't want to pay shouldn't avail of the service is not helpful, especially for publishers who see rising costs and need MORE gamers.

Now if you could refer me to the point where I said it would bring prices down, untill then ill this is a strawman.
If you believe that gamers aren't affected by the prices of games, then what I offered is not a straw man. It's as simple as that.

And they havn't said they will go up and therefore they wont go up! look absence of evidence isn't evidence. However we can draw information from the PC market that has no used and a lot more sales.
It was mentioned in the article. You will find it as an argument given by some experts who argue that there should be no used games market. For example,

"Braben: pre-owned keeps prices high, 'kills single player games'"

http://www.oxm.co.uk/39927/braben-pre-owned-keeps-prices-high-kills-single-player-games/

Do me a favor and make your post short. Currently you just seem to bury me under strawmen and false information.
Do me a favor and write posts with substance and logic, and hopefully with evidence this time. And by evidence I mean numbers, e.g., sales, etc. Enough with the idiotic excuse that statistics are irrelevant.
 

ralfy

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GonzoGamer said:
The while the only thing there were the value doesn't transfer is the online pass, and that is the cause of complaint.

The rest of the situation is more or less Jim Sterlings argument of "Good games doesn't get traded in" and it builds on the assumption that the rest of the world follows those ideals. Sadly the truth is that a large amount of content (and therefore a long lifespan) seem to have little if any effect on the trade-in rate.

Let us take your borderlands 2 example here. Check your gamestop in 3 weeks. Look at if the borderlands 2 game made it to the used section. If the world doesn't hold your values then the you cant use your personal value as a representation of what the world is doing.

The thing is thou, what you are saying there is with more features and maps ect is something the PC market has done for ages now. The thing is they dont have to compete with themselves, so they can keep adding content for free because their product has a much longer shelf life.

I want to point out one thing, because your last comment (I felt you it looked like you kinda wanted to excuse yourself " I did when I had less money"). There has been a lot of people who has taken the idea that "Used games are evil". Used games are not evil nor is Gamestop for doing business the way they do. Both is a result of how games were consumed and sold as a medium. The games industry didn't have the foresight to prevent the logical conclusion that having a medium with a 100 times the lifespand of its usefulness to the consumer. Nor did they have the tech to do anything about it. However now they do have the tech and they take the steps they need to do in order to protect their income. There is no ill intend in all of this. When we were given offers to buy games we could take them or not. No1 ripped anyone off here. Time just showed the gaming industry that those offer wern't good for them in the long run and so they change the deal when they want to sell us product in the future. No one is doing anything wrong, everyone is just looking for the best deal. All sides of the trade.
All of these points support my arguments! Publishers have not been losing money due to the used games market. If any, sales go up each time. They lose the opportunity to make more money, but that's obviously not the same as losing money. That's why there's no "opportunity cost" line in income statements.

The problem is that publishers' costs have been going up, especially as games become more complex, and the cost curve reveals that at some point even the removal of a used games market will not be enough to cover those costs.

To make matters worse, part of increased sales includes more gamers buying more games each year, something that will difficult if older games remain "useful." I raised this point several times: Browne argues that games are not supposed to be "disposable entertainment." But for game sales to keep going up, they HAVE to be "disposable entertainment." The general idea to see in light of that is "planned obsolescence," where the business cycle can only go on as long as consumers keep buying newly developed products each tine and not enjoying older ones.

It also doesn't help if it turns out that gamers are affected by prices. Say, at $50 a title, then it won't be surprising if more buy fewer games each year (something that publishers don't want to see), wait for prices to drop (as seen in annual and other sales), will trade-in their old games to be able to afford to buy new ones, etc.

That's where your argument of games as a service comes in. With that, publishers will now have more control over the amount of time gamers can appreciate the services that they paid for. Or publishers can continue milking gamers for more money from the same game, e.g., requiring a particular fee to play a game for a certain period, then requiring an additional fee to continue playing the game. One consequence of this scheme, is that one will no longer own any games. Instead, he will go online and choose to play a game on demand, like watching movies on demand. If, of course, the service is not available or the company closes....

Very likely, those who like to keep games and play them without such restrictions in the way that one can read books and listen to music on CDs will not be very happy.

The problem is that the same issue concerning prices may also apply. For example, one article states that we may be seeing more moves to F2P multiplayer as more gamers find it more difficult to shell out around $15 a month to play them. Likely, as the current economic crisis persists, they will look for cheaper options (like a few dollars to be able to go up certain levels, or just pay full amount to buy the multiplayer client but play the game subscription-free), etc.

With that, the claim that those who complain can just go away is something that publishers won't accept easily because they need more paying gamers to cover their increasing costs.

Still, I think that there will still be several indies who will still make games that aren't as complex as the ones referred to in your post, and without restrictions like those given above, and those products are the ones that gamers will buy for fewer bucks and play for some time. Perhaps the game industry will eventually move to that phenomenon as the large companies are crushed by their own weight.

Meanwhile, as L1 puts it in his video, he'll still play his older games, and borrow and trade them.
 

Azorian

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Ralfy said:
1. Publishers may require that gamers don't own games that they buy; instead, they are given a license to use them for a limited amount of time. With that, there won't be used games to sell. This will be necessary if no laws are passed not allowing pre-owned games to be sold.
Regarding this point, the recent ruling against Autodesk may become relevant. In the recently overtured case TIMOTHY S. VERNOR v. AUTODESK, INC, a federal district judge ruled that calling hard copies of software "liscenses" and allowing them to be used conditionally and not resold by forcing users to agree to a EULA violates the "first sale" doctrine, where the manufacturer of goods cannot legally bar a customer from reselling a product. With hard copies of games, such a situation has not played out yet, but is not hard to imagine, we have to accept terms of liscense agreements before we can use our x-box for instance. So, for the time being, there won't be any legal restrictions on someone selling used games, at least if it's a hard copy.

Games on Steam and other online services are a completely different matter. Without the physical object, the courts have ruled that these do not constitute physical property, so you have very little right to claim them as lost, stolen, or destroyed by anyone, nor can you legally compel anyone to relinquish the games or their value to you for any reason.
 

ralfy

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Draech said:
False logic right here.

Sales isn't dependent on one factor. It is dependent on many factors. That Sales go up doesn't prove Used games doesn't cost sales. There are 2 many factors to to say "If used sales cost sales then overall sales will go down". FALSE CONCLUSION MADE NOT TAKING INTO ACCOUNT OUTSIDE FACTORS! IF THEY HAD 3 AUDIENCE THEY HAD LAST YEAR SALES WILL GO UP!
Your idea that sales go "Sales didn't go down therefore used games diffident affect them negativly" is leading the evidence.

You dont take into acount
-increase in potential audience
-quality of that years release
-marketing budget
-number of releases said year
-economic climate for consumers said year

All of witch will affect sales. Yet in your mind it is just a 2 way choice. Sales not gone down = no sales lost to used. FALSE POSITIVE! Your evidence is flawed good sir. You cant prove how used games affect sales on how well sales in total are doing because they are not the only thing affection it. I Wouldn't have gone "Overall sales have gone down! Used games!" that is leading the evidence.
That's exactly my point! "You can't prove how used games affect sales on how well sales in total are not the only thing affecting it."

Also the proof that games stop actually rewraps for sales as new? I can do that quite easily. I bought my twin nephews 2 Pokemon games new. One of them had a savegame on. If you spend 2 seconds you will find tons of reports of Cerberus network codes already been used. How about here on the escapist
http://www.escapistmagazine.com/articles/view/issues/issue_275/8176-Confessions-of-a-GameStop-Employee-Part-Three
Yeah I mean its not like it has been bloody proven....

And here is the worst part of it. Those are the ones where we find the actual hard evidence. How about all the games where we cant do that? The games that doesn't have one time uses or save games on? Or they were just smart enough to delete savegames? If you buy equipment for shrink wrapping then you are going to use it.
I think that is a separate issue! If a pre-owned game cannot be played again, then it shouldn't be sold. If it is sold as new (and specifically stated as such) then consumers can complain. This has nothing to do with publishers' complaints that they are losing money, complaints that you pointed out cannot be proven.

You dont argue the issue you side step around it. again and gain. You dont have a solid logical foundation. You use strawmen and misrepresent my arguments over and over. When I correct you the you just do it again.
What you just did in your recent point IS an example of side-stepping! And your first point ends up supporting what I said.

There is no straw man in my arguments as you ended up confirming them or repeating them: that publishers have no proof that they are losing money, and that they will end up selling games as services. Remember?

With that, I am the one who keeps correcting you, not the other way round.

I am wasting my time. If you cant deal with what I say without changing it then I have no reason to say something to you.
It's the other way round: I am the one wasting my time arguing with you. You keep asking for facts, and when presented with them, you insist that they are irrelevant. What's left is that you present anecdotes that side-step the issue! From there, you argue that my points are not logical even though you end up confirming or repeating them.
 

ralfy

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Azorian said:
Regarding this point, the recent ruling against Autodesk may become relevant. In the recently overtured case TIMOTHY S. VERNOR v. AUTODESK, INC, a federal district judge ruled that calling hard copies of software "liscenses" and allowing them to be used conditionally and not resold by forcing users to agree to a EULA violates the "first sale" doctrine, where the manufacturer of goods cannot legally bar a customer from reselling a product. With hard copies of games, such a situation has not played out yet, but is not hard to imagine, we have to accept terms of liscense agreements before we can use our x-box for instance. So, for the time being, there won't be any legal restrictions on someone selling used games, at least if it's a hard copy.

Games on Steam and other online services are a completely different matter. Without the physical object, the courts have ruled that these do not constitute physical property, so you have very little right to claim them as lost, stolen, or destroyed by anyone, nor can you legally compel anyone to relinquish the games or their value to you for any reason.
Thanks for sharing that! As L1 mentioned in the video, the consequence is that publishers will sell products online, and the products will generally be sold at the same prices as they were sold in disk form. There may be additional features to stop even the ability to share games, as mentioned earlier.

The irony is that these measures will make games "disposable entertainment," as the counter-claim was the reason why games should not be sold.

FWIW, though, European courts and several consumer groups have been challenging the point about downloaded software:

"An author of software cannot oppose the resale of his ?used? licences allowing the use of his programs downloaded from the internet"

http://curia.europa.eu/jcms/upload/docs/application/pdf/2012-07/cp120094en.pdf

"German consumer group targets Valve over new EULA"

http://www.gamesindustry.biz/articles/2012-09-24-german-consumer-group-targets-valve-over-new-eula
 

ralfy

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Nope, no contradiction. Pre-owned sales do not lead to loss of money, as shown in previous messages.