THE EU IS AWESOME: Software licenses are yours, and you have the legal right to re-sell them.
121 replies, posted
[quote]A recent ruling by the Court of Justice of the European Union has officially stated that[B] “an author of software cannot oppose the resale of his ‘used’ licences allowing the use of his programs downloaded from the internet”[/B].
[B]In essence, it is now illegal in Europe for companies to try to stop you from selling your used digitally distributed software.
[/B]
As for what qualifies as “used”? Well, the ruling pretty much covers that as well:
[B]
The exclusive right of distribution of a copy of a computer program covered by such a licence is exhausted on its first sale.
[/B]
Not to ignore the elephant in the room, this obviously flies in the face of EULAs signed by end-users on their part agreeing that they would not take part in exactly this. However, repeated precedent has shown that EULAs hold no water against actual laws. For if you agree to an EULA that is contradictory to European law, that point of the EULA is void.
[B]“Therefore, even if the licence agreement prohibits a further transfer, the rightholder can no longer oppose the resale of that copy. “
[/B]
[B]“Therefore the new acquirer of the user licence, such as a customer of UsedSoft, may, as a lawful acquirer of the corrected and updated copy of the computer program concerned, download that copy from the copyright holder’s website.”[/B][/quote][B]
Source = [/B]http://www.lo-ping.org/2012/07/03/eu-court-ruling-allows-for-re-sale-of-used-games-by-end-users-you/[B]
Legal paper = [/B] [URL]http://curia.europa.eu/jcms/upload/docs/application/pdf/2012-07/cp120094en.pdf[/URL]
The original source is a little sensationalist, and I doubt this will have many practical benefits (I don't think Steam are suddenly going to let EU steam users trade in games), but hopefully it'll reverse some of the legal bullshit.
America should take notes.
This means I can sell my steam account with a EU VPN.
It's a glorious day for the Internet!
[QUOTE=blacksam;36604497]America should take notes.[/QUOTE]
We are but with the people in office putting good things seems impossible
[QUOTE=Chernarus;36604503]This means I can sell my steam account with a EU VPN.[/QUOTE]
Actually I'm not sure it allows the selling of accounts, just individual products. You didn't pay for your account.
So I suppose Steam etc would need to implement some kind of trade feature or allow the selling of accounts.
I don't think that affects steam directly, as you can't resell your single steam games, but rather the whole steam account, as you don't buy a steam account I think this is a little problematic.
Steam accounts are leased to you, not sold to you.
This applies more to forum software such as vBulletin or IPB of which both only allow you to sell the license on once.
So I can resell a "used" copy of windows if the key still works?
[IMG]http://i.imgur.com/qiFK8.jpg[/IMG]
[QUOTE=Chernarus;36604503]This means I can sell my steam account with a EU VPN.[/QUOTE]
Uh, no?
Your presence is in whatever country you're in. You don't suddenly become a resident of the EU by using a VPN...
I'm moving
Great,i can sell my Diablo 3 account now (on forums where i wasn't allowed to sell the account)
This is awesome.
But no, the EU is not awesome in general.
This kind of shit is EXACTLY why EU is good.
There's so much diversity among people working on it that private interests are basically fucked from the start
Living in Germany.
Like a boss.
That's nice. Not that it will benefit me directly, but still nice I suppose.
This is quite awesome even though it doesn't affect Steam, since you don't [I]buy[/I] games from it, you [I]lease[/I] them.
They don't sell products they sell service.
[QUOTE=Jack Trades;36605125]This is quite awesome even though it doesn't affect Steam, since you don't [I]buy[/I] games from it, you [I]lease[/I] them.
They don't sell products they sell service.[/QUOTE]
Not under EU laws. You own the copy of the software they sell to you (not the copyright). You also get a license to redownload it when you wish, though. The Steam EULA even has a section which reads "some of these may not apply under certain nations of the European Union".
[QUOTE=Zezibesh;36605176]Not under EU laws. You own the copy of the software they sell to you (not the copyright). You also get a license to redownload it when you wish, though. [/QUOTE]
[del]But I'm fairly certain that Steam doesn't sell software to you. That's the thing. It sells you service, the right to play a game through their service, not the game itself.[/del]
I was wrong, I just read the Steam EULA and it does mention that it sells you software but that you cannot re-sell it.
I wonder how Steam will handle this new law.
If you want to look into this further -
The Steam account is leased to you and the games you buy from Steam are bought to be used on that platform. The advantage of Steam is that you can use that account on any PC which provides the illusion that you solidly own that game which in reality you don't.
This is why you cant sell on your Steam account / any games associated with it because it's a "subscription".
[URL="http://shrani.si/f/1q/nh/2HYNOJNS/oooooo.gif"]Artist's impression of the court case[/URL]
It would be neat if Steam set up a way that people could trade games they purchased for themselves. I have plenty I could do to get rid of quite honestly. Probably get some good stuff from them. And they may actually end up doing that as a response to this. It would certainly make them that much greater.
[QUOTE=blacksam;36604497]America should take notes.[/QUOTE]
Sorry. But America is too free and awesome to allow their people to sell their own belongings off. That is probably some-fucked-up-how unconstitutional or whatevs... America is so free that it's not-free? (wat?)
[editline]3rd July 2012[/editline]
[QUOTE=Doctor Zedacon;36605333]It would be neat if Steam set up a way that people could trade games they purchased for themselves. I have plenty I could do to get rid of quite honestly. Probably get some good stuff from them. And they may actually end up doing that as a response to this. It would certainly make them that much greater.[/QUOTE]
It'll probably end up with Europeans getting their games on their game lists to become giftable or tradeable.
If you give American citizens some liberty and freedom they might remember what a constitution is, and we wouldn't want that, would we?
[QUOTE=Teddi Orange;36605258]If you want to look into this further -
The Steam account is leased to you and the games you buy from Steam are bought to be used on that platform. The advantage of Steam is that you can use that account on any PC which provides the illusion that you solidly own that game which in reality you don't.
This is why you cant sell on your Steam account / any games associated with it because it's a "subscription".[/QUOTE]
Fairly sure it doesn't matter, the law seems pretty explicit in saying that you can't try to prevent your users from selling -their- games. Either way I think valve would have a pretty hard time tracking down people selling their steam accounts.
[QUOTE=Doctor Zedacon;36605333]It would be neat if Steam set up a way that people could trade games they purchased for themselves. I have plenty I could do to get rid of quite honestly. Probably get some good stuff from them. And they may actually end up doing that as a response to this. It would certainly make them that much greater.[/QUOTE]
Buy one game, trade it to a friend when you're bored of it. Repeat x30.
I doubt steam will implement anything to do with trading games. They don't have to as they have no buildings based in the EU and I doubt valve will do it out of the goodness of their heart.
I hope this law comes to America too, I doubt it will. I'd love to sell off or put in Steam inventory some of my shitty games.
Wait, so this court ruling affects all of the EU?
Badass.
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