The end is near for used games market!?

[max_cady]

MCV-UK: Pre-owned games suffer legal threat

A fresh question mark hangs over the viability of the pre-owned software market this morning after a ruling in the US Court of Appeal upheld a developer’s right to prevent the resale of its software.
Gamasutra reports that Autodesk has successfully won a case in which defendant Timothy Vernor had been arguing for his right to buy and use a pre-owned copy of design program AutoCAD.

In 2008 a US Court ruled in Vernor’s favour, but following an appeal from Autodesk that ruling has now been overturned.
“We hold today that a software user is a licensee rather than an owner of a copy where the copyright owner specifies that the user is granted a license, significantly restricts the user’s ability to transfer the software and imposes notable use restrictions,” the Court concluded.
The implications for video games are obvious. Should publishers introduce similar conditions to their EULA’s then legal precedent suggests that re-sale of their titles would effectively be illegalised – in the US at least.

So, technically, does it mean that you don't own the software you bought?

But still what's stopping me from selling my game on Ebay? They aren't honestly considering sueing everyone who tries to sell their copy on Ebay aren't they?

Now, what sucks is that this could hurt stores like Gamefly who rent games for a living, it means their operation is likely illegal.

Actually I would much rather pay 5 bucks for a game pass than not having the right to sell my games if I please.

Oh, well, let's see how this plays out in Europe, if they decide to do the same. I don't know of any store who rents games(save for Game).

[Orta]

You don't own the software you buy, period. What you buy is a license to use it.

[Monkeroony]

I doubt it'll be enforced for the used games market, although I am not against that happening as developers are seemingly getting more desperate by giving codes for new owners to input.

[max_cady]

Well, the trouble is, is that game retailers who heavily rely on second hand games market to some sort of profit are not going to be happy about it.

And renting games is ussually one of the very few alternatives for those who don't want to buy just to try.

That said, I can't possibly imagine how are they going to sue everyone who tries to sell a game on Ebay.

[Monkeroony]

Well, the trouble is, is that game retailers who heavily rely on second hand games market to some sort of profit are not going to be happy about it.

And renting games is ussually one of the very few alternatives for those who don't want to buy just to try.

That said, I can't possibly imagine how are they going to sue everyone who tries to sell a game on Ebay.

True, and I have sold many games on eBay in the past and probably wouldn't stop.

I suppose eBay could remove the category for pre-owned games on their site?

[Sharky]

I could honestly go with this... Frankly anything that keeps great developers from bankrupcy is good in my books. I rarely rent games anyway, no skin off my nose.

[Autosaver]

I have a feeling there is some loop hole in this.

[fluffymoochicken]

Max_cady, this report is covering a news story on the resale of AutoCAD, in which (as Orta already pointed out) the end user who is using the software does not actually own the software for himself; he is merely licensing it from Autodesk.

Video games are different because, while you are indeed buying a mere licensed copy of a company's game, there is not usually an end user license agreement that player has to sign or agree to. You typically won't find any fine print saying that the owner cannot pass on ownership of the copy to someone else, either.

If the games industry were now to challenge the sale of used video games, the courts may rule that copies of games, like copies of movies, are perfectly fine to resell.

[max_cady]

Indeed, video games EULA are not quite the same, but it's likely that because of this case, they might change their licensing agreements.

But I can imagine a huge sh**storm if they attempt to do something like that, because the retailers are not going to let that one slide.