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German group sues Valve

Federation of German Consumer Organizations claims Steam users own the games they purchase and should be able to re-sell them.

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The Federation of German Consumer Organizations (VZBV) has filed suit against Half-Life maker Valve, claiming users should be able to resell the games they own.

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As reported by PCAdvisor, VZBV project manager Carola Elbrecht said Steam users should have the means to sell their digital wares, much in the same way that gamers can sell boxed products at their discretion.

"If I pay the full price for a game, then why am I not allowed to do with it what I want," Elbrecht said.

The VZBV reportedly warned Valve about potential legal action in September, but the company did not amend its practices to comply with the group's demands. Thus, the VZBV sued Valve in the District Court of Berlin this week.

A Valve representative told GameSpot that it has yet to see a formal complaint from the VZBV.

"We are aware of the press release about the lawsuit filed by the VZBV, but we have not yet seen the actual complaint," the company said. "That said, we understand the complaint is somehow regarding the transferability of Steam accounts, despite the fact that this issue has already been ruled upon favorably to Valve in a prior case between Valve and the VZBV by the German supreme court. For now, we are continuing to extend the Steam services to gamers in Germany and around the world."

The VZBV's prior legal entanglement with Valve went all the way to the German Federal Court of Justice. A judge ruled in 2010 that Valve's prohibition of user account transfers did not violate German law.

A European court ruled last summer that content creators can't prohibit post-purchase redistribution of work, no matter what end-user license agreement says.

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D1shes

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Edited By D1shes

I'm gunna sell you this cake for your birthday! (Happy birthday!) Now, you can go ahead and eat this cake at your party, sure, but you better make sure that not another person at your party has a slice! Because those gifts you receive would be considered compensation for OUR cake. So you can go ahead and eat it, but any piece you don't eat you're not allowed to give it away at all. Dont like it? Then make your own cake! But watch out, because if its too similar to how we've been making our cakes for X years then we'll sue the pants off you! Thats our recipe! *wink*

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Goyoshi12

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@D1shes So we can't give the cake away but we can sell it and make a profit off it?

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wildkeny

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@Goyoshi12 @D1shes Nope, if you dont like the cake, or you cannot eat all of it, that is YOUR fault... (due to technical reason, we currently dont provide free samples)

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Goyoshi12

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@wildkeny @Goyoshi12 @D1shes Indeed it is my fault. Especially given that it does state that pretty much on the contract.

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xPogopuschelx

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@D1shes

We all know: The cake is a lie.

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the_bi99man

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@D1shes A cake isn't software, and doesn't come with a licence agreement. Dumb comparison.

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Link3301

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@the_bi99man @D1shes That's kind of the point.

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wildkeny

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@the_bi99man @D1shes I am just feeding the troll, DRM free!!!

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D1shes

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DRM - makes perfect sense.

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Saidrex

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@D1shes Awesome story, but Valve doesn't bake those cakes, they sell them.

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D1shes

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@Saidrex
Half-life series. Nuff said.

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greatryoman

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@Saidrex @D1shes @greatryoman right. And Valve makes 0 money from resales, just like the Red Robin of this scenario. You, Dairy Queen, make your money back from resales, but the original producer dies because you STOLE their business. That's what resales have done to games for years, and it's true I don't want them gone forever (like Sony does), but...in the digital market, where "used" literally doesn't exist? It doesn't work anymore. You're selling cakes that DON'T go bad, ever.

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Saidrex

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Edited By Saidrex

@D1shes @greatryoman many people would exploit it and make profit, you buy game in sale with 75% off then when offer expires sell them to someone for little lower price than it's original price without 75% discount and etc...

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D1shes

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@greatryoman no, you're missing the point. resale is a chance to earn back some money that you spent on the original purchase. if you were reselling partially eaten cakes, then it would make sense. but as it stands that would be you going to steam to buy one game, then selling your acount for a lesser amount than you paid without once playing the game.

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Saidrex

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@greatryoman Yeah, cakes are awesome, Valve should change from selling games to selling cakes, it's easier ;))

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Saidrex

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Edited By Saidrex

@D1shes @Saidrex Yeah, but Valve is not selling cookies or cakes, they are selling games, digital copies of them. Laws and rules have very big flaws and don't include definition of digital or physical products, so i think Valve is safe for now, until law are updated.

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greatryoman

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Edited By greatryoman

@D1shes @Saidrex Actually you CAN "share" your games, just like you can share the cake, by letting them borrow your account, just like they'd borrow your knife and fork. You're talking about SELLING the cake, which if you ever ask your grocer, IS illegal. Imagine Dairy Queen buying all Red Robin's products, and selling them discounted. By selling both products discounted, Dairy Queen takes all the business, and Red Robin, with no "returning" customers, closes. This cake analogy turned out better than I thought!

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D1shes

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Edited By D1shes

@Saidrex @D1shes

The size of the cookies doesn't matter, its the principal of the matter. Does it seem logical to you to sell someone a cake that happens to be your favorite cake, that you no longer have any need for, but are legally unable to give away (assuming the presents are compensation) to your party guests? No! That's absurd! Its your cake to give away if you so please, you paid for it, you own it. that's the only way a society like ours has been able to thrive.

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Saidrex

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@D1shes @Saidrex Those are just few cookies in very big cookie jar. Besides, when you buy cake you agree to terms and conditions, don't like terms, don't buy cake. You can eat cake, but can't share it with others.

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the_bi99man

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Read the EULA for steam. Don't like it? don't use it. I get all my steam games so cheap, anyway, I couldn't imagine ever wanting to sell them. I like to keep my games, and be able to replay them later. And, again, I get them so cheap, it's not like I'm hurting for the money.

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Vojtass

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@the_bi99man German law (or any other country) is above every EULA.

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greatryoman

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Consider; if you could sell a digital game, there is no wear, thus it's always "new". So you can sell it full priced, as a 60 dollar exchange. Now consider if you could set the price lower. You would always buy the 50 dollar game, thus Steam makes no sales, thus they get no money (50 OR 60). There's a 50 dollar transaction, but they never receive a dime. Without money, they croak. It's a faulty, incapable of working system. The only correction to it? They could tax your sale.


Do you really want to start a "taxing the internet is ILLEGAL" debate, next, all while the company flounders?


Also, the reason they haven't used such a system is because the tax would make so little money, no one would put their games on Steam anymore. The games would dry up, they'd have nothing to sell, they'd lose money, aaand...repeat.

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Sohereiam

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@greatryoman Fist internet is taxed.

Second if the product being sold is original there is taxes on it.

Third nobody says you need to sell to another person, Steam should just give part of the money back to user, so that the user can use in others sales or just put the money back their bank account.

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greatryoman

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@Sohereiam @greatryoman Actually all taxes are usually subverted because they're decided by a regional government. I live on a border for example, and a mile away, there's a 6% sales tax. That doesn't effect my digital purchases, because it's not "a product of my region". Also, I'm talking about a business tax, not a government tax. Which is considered HIGHLY unethical, at best.


Also, you could sell it back, but the price they set would be arbitrary. There IS no wear, so selling it back at less than full price could be challenged in a court of law. Then, they're back to making no money.

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greatryoman

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Edited By greatryoman

@Sohereiam @greatryoman Ah, well the government's taxing your credit card who's taxing your shipping then; if you flew to a different country to pick up your purchase, there'd be no import tax.


Still though, between whole nations, not regions, what I said changes. China, for example, really DOES tax all internet purchases, no matter what, how, where shipped from, etc. Fyi, a credit card's charge is considered a "business" tax, unless your government specifically requires it. The U.S. government, for example, doesn't; it's the company itself's doing.

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Sohereiam

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@greatryoman @Sohereiam It depend how you pay, if buy a digital purchase with a credit card the credit card companies forces you to pay importing taxes even if the product is digital, here on Brazil they have been doing it a few years already, several other countries already do.

That's why I said they don't need to resell, Steam should just remove from the library and part of the money back.

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scout7

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@greatryoman Valve would have to create a "transfer fee" for administration costs of transferring licenses. This would be terrible.

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nurnberg

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Good job from those Germans! Too bad that the rabid Steam fanboys are going to bash them. Who cares? These people are fighting for the rights of gamers and this is a good thing.

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Sohereiam

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Edited By Sohereiam

@nurnberg That's because most of them buys games on discount so they buy large amount of games, games that most likely will never play, they bought for the sake of buying, consumers like that just make the product have less value.

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sortajan

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Edited By sortajan

why is this a big deal? if you make a purchase that you regret, that was your fault. if you buy a $50 game, completely finish it, then you got your money's worth. if the developer screws you over, valve offers you a refund.

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Toysoldier34

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For how much you buy games full price on consoles compared to how cheap you can get them on Steam that is the money you would have got from selling the game.

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wildkeny

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@Toysoldier34 That is quite irrelevant

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jessie82

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this is what i used to do with retail games i play them to a point of never wanting to do so again and so i sell them usually to some second hand shop since all the "game" shops dont do it anymore but with downloads its pretty much inpossible unless you sell your game account with the game key so people can play online.. ahem EA

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pal_080

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Edited By pal_080

Again people CAN sell their games on Steam, you just need to sell the entire associated account. So stick with 1 game per account if your want to sell you games. Simple. Elegant. Legal (I think?).

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Sohereiam

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@pal_080 Actually I know people who do that, in fact its illegal, but since the product is original its difficult for the authorities to find out about it, but its called Tax Evasion.

The person I know sells PSN accounts with one game in each, he he asks for the money transfer on an account on US as a donation so that he doesn't pay taxes, then give the account the password and the person just downloads it.

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Toysoldier34

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@pal_080 You don't need to post this over and over. Owning multiple accounts is impractical and not a solution. By your logic I would have needed to create over 300 Steam accounts if I wanted to sell games.

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wildkeny

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@pal_080 ... until Valve patches a new ban in their EULA

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Toysoldier34

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When you buy a game on Steam you are agreeing to their terms.

Why are we seeing this now and not a decade ago? Steam isn't something new. Companies trying to make a quick grab for money gets old.

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Sohereiam

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Edited By Sohereiam

@Toysoldier34 If company says will need to give blood to them in order to play their games will you give the blood just because its on the terms?

Company often misuse the user agreement terms to abuse of their power, however according to a patents specialist most of the things on these terms have no value before law, even if you agree, if the govern doesn't agree, them its useless.

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PeterDuck

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Interesting argument. Personally, I don't think I've thought more than twice in my life about selling a game on Steam. Something about being able to download and uninstall games with a couple of mouse clicks coupled with the ability to play same games on my laptop in another borough of the city using the same account and cloud saves along with the warm feeling that I will never lose the game so long as Valve's HQ isn't firebombed or something.

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sortajan

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@PeterDuck by interesting don't you mean insipid?

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vault-boy

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I really urge people to look at the big picture. If they do this than the entire industry will suffer, as so will we as a result. The only reason that used game sales haven't ruined the industry is because buying a game new is more convenient and aren't degraded. If Steam was forced to allow people to sell there games used the entire system of digital distribution would fail because it completely eliminates the only thing keeping people from buying almost completely used. The games will never degrade and buying used cheaper than buying new. A single digital game could see well over a dozen owners and the company will only get the money from one. Like it or not, companies need money to make games. An average game needs 2 million sales bare minimum to break even. With this system the digital market would fail, it is not a matter of the quality of the games or the practices of the publisher, it is a matter of common sense.

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Sohereiam

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@vault-boy You really are a vault boy, reselling something you buy is a right not a privilege, as long its a right forbidding it is wrong, because the ones who demanded that as a right is the govern through consumer and human rights management, if you keep powering the entertainment industry like this the more rights they will demand for you, think of this as a limiter to avoid disgrace.

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roy2115

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Edited By roy2115

@Sohereiam Apparently it isn't a right if the disclaimer says so. And guess what, if you could resell those games legally, then Valve would go under and you wouldn't be able to play any Steam games anymore.

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Sohereiam

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@roy2115 The only ones with the rights and power to remove someone else rights is the govern, not a company.

before the law no one truly owns anything, if you try to kill yourself the govern sues you, put you in a mental facility till its proved that you're no longer a danger for yourself, the same applies for companies and their creations.

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wildkeny

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@vault-boy The value of the game is and will be continuously degrading no matter it is digital copy or physical. And for most games out there, the degrading speed is much faster than the physical material itself.

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roy2115

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@wildkeny If you buy a digital game from another user, how "used" is it? The main issue with buying a used game is the possibility that it work. That's not going to be a problem with a "used" Steam game. So yeah, a used digital game won't lose value as fast as a used physical game.

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wildkeny

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Edited By wildkeny

@roy2115 Because the game becomes outdated sooner or later, that is how "used" it is. You won't be able to resell most of the games at full price after 1 year of its launch.

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Goddammitj

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If you "buy" a game, it should be completely in your rights to sell it. I see no excuse to say otherwise. Any problems that this creates, whatever they may be, is not the consumers responsibility. Now if you rent or license the game, then fine, resale may not be permitted. But they must ensure you know that youre licensing the product and that you cant do with it what you wish. If this is or becomes the case, "buy" should never be used on Steam as a synonym to license. Also licenses should be SIGNIFICANTLY cheaper than ownership. I know steam has good sales, but new games should be cheap as hell if you dont even own it.

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CreMax90

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At least with Steam we get huge discounts and letting us play games for free at weekends. They should be suing Origins for selling us games at full price, not Steam

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R2C25

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Edited By R2C25

@CreMax90 What does this have to do with discussion? It's about purchasing stuff that you don't actually own in reality. Let's try it again.

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Sohereiam

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Edited By Sohereiam

@R2C25 @CreMax90 the main problem is Steam agrees and calls its sales, but the process is of a rent, then Steam is violating consumer rights with a false propaganda.

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CreMax90

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@Sohereiam @R2C25 Alright let me start again. If I can sell games off of my steam library for a low price and so can the other users, wouldn't this hurt the developers/publishers more in a long run? It might be good for the consumers, but it would only last for a short period of time. In a long term, this would make the developers/publishers leave the PC scene because they're not getting any money from gamers since they're all buying it from users at a low price, and maybe Valve would remove their weekly sales in the future because they are losing money. All I'm saying is digital games are fine as it is, as long as its cheaper than the retail version. If the prices are the same as the retail version then we have a problem.

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wiouds

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Edited By wiouds

When you pay for a DD game, you are not buying the game but pay the right to play it.

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wildkeny

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Edited By wildkeny

@wiouds And you have the right to resale the right

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vault-boy

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Edited By vault-boy

@wildkeny No, you do not have the right to sell a contract if you sign over the right.There are laws about this on the books as of now, its called a contract.

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Sohereiam

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@vault-boy @wildkeny Actually you do have, a house sale is a contract, a car sale is also a contract, and you can sell them, boy still stuck in a vault.

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R2C25

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@vault-boy @wildkeny We should not use the word "buy" but rent. I don't rent game so I stay away from Steams and Clouds. That's my method of solving problems.

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greatryoman

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Steam sells games (discounted usually) with the understanding that digital content is cheaper to distribute, but lacks any physical presence to prove ownership. Thus, re-selling games gets hard, AND it's that lack of redistribution (you, selling pre-owned games) that allows them to corner and the market and make money. If games become resellable, Steam stops being profitable, and starts dying. Considering they never denied that this was their business model, and that we get games so cheaply DUE to this, I'm with Steam.


Enter "used" digital content into the mix, and bye-bye 20 dollar Skyrim, buh-bye 20 dollar Dishonored. Welcome back 60 dollar, full priced games.

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Duke_51

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I'm not exactly sure how this works, but don't you only have the ability to use the product when you purchase it? I didn't think you actually own it when you buy it, or, something like that.


I could be wrong though.

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greatryoman

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@Duke_51 Yes and no. You're not allowed to change it (if you're even capable), but you can distribute (I.E. sell or lend it out) it as you wish. That was with physical, hard discs though. There are no set laws on digital content though, so right now is deciding whether that law still applies or not.


If the Germans won this case, that WOULD in fact be the unarguable law again. If Valve wins, that law doesn't apply to Digital content, ever. In Germany, at least.

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Legolas_Katarn

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@Duke_51 Correct, you don't own it

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DESTROYRS_F8

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Only problem is with downloadable media to resell, its not full-proof on fraud. How will you sell it? Of course, with a alpha-numeric key code, but how about hackers? They could generate key codes and manipulate the system. This will be an issue in the future.

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pal_080

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Create a separate FREE steam account for each game you buy. Sell the entire account tied to the game if you want to sell the game. BOOM, case settled. Cry about it.

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Vojtass

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Edited By Vojtass

@pal_080 It's against terms of service. Steam can ban sold account without any explanation.

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Thanatos2k

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Edited By Thanatos2k

@Vojtass @pal_080 And reselling games is against their TOS too. If Europe can say that doesn't apply, then they'd say selling your account is legal.

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Sohereiam

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@Vojtass @pal_080 I know people who do that all the time and they have yet to caught.

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