All of my past purchases are shown in my account history and there is a little arrow there that says ready to download. When I go to the client only 4 of the 8-9 I should have are not showing up. Those not showing up include Medieval TW, Mass Effect 1 and Fallout 3 GOTY. So I'm guessing if they aren't in the client than those haven't been included in their database/library yet.
I'll give them a couple weeks to sort it out but a game like Fallout 3 GOTY which is only a few years old shouldn't have been omitted from the transfer list.
The download notices were given out during the holidays which is arguably the worst time of year for people to try and find a day just to download games. You also shouldn't have to download and store games as that is the primary beneft of purchasing from a digital distributor. If I wanted to store media I would have just bought it on disc in the first place.
As a consumer you did your part when you paid for the games. You purchased a license under the implied assumption that you would be able to "download your games forever". Gamefly assumed liability for those previous purchases when they bought D2D. Regardless of any disclaimer stating otherwise; their ability to discontinue the availability of licenses at a whim has yet to be tested in courts. Answers like "We dont want to pay for old licenses or store old games" aren't going to stand up under examination if it gets to that point.
Any discontinued games should be stored in a library somewhere and housed for six months to a year to allow people with actual lives to make arrangements for transfer since they are the ones being inconvenienced. Not within a 4-5 week timeframe during the holiday season. There are people stationed overseas on active duty, people traveling abroad, someone may be ill or unable to afford storage options at that moment. A basement dweller or person who lives online 24/7 may have felt the notice and time period were sufficient but that isn't the case for all of D2D's customers.
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