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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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Avatar image for stealth6spy
stealth6spy

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They do not own the games. It is a digital download which means the buyer is not receiving anything physical product. You also have to consider effects when it is possible to purchase the game, save the files, and then "sell" it back to Valve. Add in a simple crack and there you have a pirated game with the help of Steam. The very fact that they are suing over something as trivial as this is absurd. Steam offers deals outrageously lower than from any other source. If they sold games at the usual price, but offered the option to sell them back, customers would more than likely lose money in the long run.

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Vojtass

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Edited By Vojtass

@stealth6spy Game status in digital service is another thing that should be changed. Is it licence, subscription or product? For any customer it should be obviously product. This is another challenge for customers organization. We should OWN the game, not subscribe the service.

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Avatar image for forbiddenmow
forbiddenmow

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@Vojtass

If you resold the key in steam I'm sure they could remove it from your library and deactivate the game. DRM seems to work in favour of the Germans case. If there wasn't any DRM on anything digital is would weaken the German argument.

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forbiddenmow

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Edited By forbiddenmow

@stealth6spy so what's the difference between some digital files installed on my pc via a DVD or via the Internet? They're both digital. Please explain why the medium of distribution makes a fundamental difference to my rights of ownership?

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Avatar image for Lost-to-Apathy
Lost-to-Apathy

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@forbiddenmow

The rights of ownership, even with console games, is nothing more than a license to play the game, according to the EULA. The difference being that on consoles it's not enforced, but on PCs it has been.

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Lost-to-Apathy

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@forbiddenmow

I totally agree. The EULA is bullshit, and I PISS ON IT.

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forbiddenmow

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@Lost-to-Apathy

According to the EULA, maybe. But that's the logic that needs to be challenged in court.

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tschne

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@Lost-to-Apathy @forbiddenmow in germany a company is not allowed to "invent" its own eula and a consumer has to accept it... thats why its not easy to decide what is right

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Avatar image for kpolicoff
kpolicoff

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Don't you dare F' with Valve.

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Jaxith

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You can already buy games over Steam for cheaper than the used box equivalents one might get at say, Gamestop. The new purchases over Steam also benefit the people who make the games as opposed to buying a more expensive used disk. So what it comes down to is that Steam is the currently in the best middle ground possible. You can buy games for cheap, and every single purchase made is good for the industry, allowing devs to make money and keep improving their games and producing new ones.

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forbiddenmow

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@Jaxith I think you're missing the point. It's not bout being a fanboy and loving steam, it's about whether the consumer owns the rights to resell the product they have purchased, like most other things.

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Jaxith

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@forbiddenmow I'm not making any attempt to sound like a fanboy as you put it, but frankly, I *don't* believe consumers have a right to resell their digital games. If you buy a used digital copy, you wouldn't really be helping anyone but Joe Random who already finished the game. So if that's the case, what's the incentive to buy used to begin with? One could just pirate it for free, but that's wrong.

In my eyes, buying a digital copy of a game is a very simple thing. You're buying digital for convenience, and for a cheaper price. This gets you the right to play your game but you can't sell it. Seems fair to me. The terms are known. It's like trying to resell your Big Mac to somebody after you eat it. It just doesn't work that way.

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forbiddenmow

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@Jaxith

Well all you've done is set out steams angle. What's written in their terms. And that's what the German case is testing. Wether there really is a credible and legal right for steam to forbid people selling what they own, which in this case is DRM access.

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Jaxith

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Edited By Jaxith

@forbiddenmow The medium matters because there is a distinction between them. Purchase a game at a retail store, and that's all there is to it. The store holds no further connection to the game. Purchase a game over Steam, you still need to use the Steam service with the game. You're using their service, you can also abide by their rules. If the rules are unacceptable, then don't use the service. This seems fair to me.

Additionally, I'm against used games in general, so I just personally don't want to see the practice extend into digital space.

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forbiddenmow

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@Jaxith

I'm asking why the medium of distribution is relevant at all in this? If you sold a key, and gave up your DRM access, then why does it matter?

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Jaxith

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@forbiddenmow Did... you seriously just suggest that users should be able to burn their digital games onto disks and then sell the disks? So every user is also a publisher now?

Honestly, I think what you just said explains pretty well why I think being able to resell digital products would be a bad thing.

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forbiddenmow

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@Jaxith

Big Mac analogy doesn't work because once it's eaten it can't be reused. You can resell software when bought on a disk, why not when it's downloaded (and say burnt on a disk?).

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Vojtass

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Germans are right. If I own a game, I should be able to resell it or even give it away. This is one of the oldest consumer law known from Stone Age. But if this option will win, promos will probably end or be significantly reduced. Anyway I support them. The problem is that owners of digital stores have too much freedom - they can ban account worth thousands of dollars with blink of an eye. And what you can do with it? Sue them? And pay a lawyer another few thousands? To be honest customer rights are very reduced on Steam. Customers have no guarantee that they'll be able to download their games for some period of time, if company or service will go bankrupt or will be closed. Governments should do something with this.

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Hakkology

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Entirely my opinion:

There is a great solution for this, give people try outs. Allow people to test the game (not the crappy demos) for 6 hours or so and if the person actually enjoyed the game, he would keep it.

If its a bad product ( Ah Dragon Age II, masterpiece from my Hall of Shame... ) then give them the ability to do the exchange the game with other people. It would create a live market for people and would be great to get your game for a great deal.

Give people the ability to put the item into their tryout boxes. In 6 hours, a person can decide to put the item into auction. Once an item is put into the auction, it can't be taken back. Let people make their trades, create an auction for them. If the person decides game is too good to be auctioned, they keep it. They lose the ability to create an auction after 6 hours.

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LastPRmarine

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@Hakkology like the trials that PSN Plus does just longer.....the problem is a lot of games are only 6 hours.....but I like the idea

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Avatar image for ---Cipher---
---Cipher---

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@Hakkology You terrible terrible human being... Why did you have to remind me of the game that shall not be named?

They already do some preview weekends, where everyone can download from Friday -Sunday and try out what is most of the time multiplayer. That, and most games don't last 6 hours anymore...

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Yulaw2000

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Nice one Germany.

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Psycold

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You could still sell your Steam account to someone if you really wanted. I've never sold a game in my life, even when they were still in boxes.

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Avatar image for Vojtass
Vojtass

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@Psycold Yes, you can, but it's against Steam terms of service - in other words this account can be banned.

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---Cipher---

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I won't lie, I really wish I could sell games from my library, I really do. That said, Steam already sells games cheaper than most used games ever were, gives free preview weekends, and is downright awesome. Maybe if I couldn't get most games under $50, I'd change my stance, but as it is, I think me paying 25% for awesome games just a few months after release is worth not being able to sell it. Besides, what would used prices be when Valve already brings the prices down so much? I'll sell my digital copy of Skyrim for 23 cents!

I'd also like to know what I'd be selling. I can't touch digital items like you can an actual box. It's my choice to buy digital thus giving up the right to resell, and even if the suit is won, valve just tacks on an online pass and still ends up charging more for used than the game is new on Steam...

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BlackSquare

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Frankly I don't mind having my cd key tied to one account. If it actually only cost like max $20 a new game. But they will never do that. Most games cost way above that.

Legally the group is right though. You bought the license for it which is the cd key. You should be able to sell it. Problem is getting it untied to an account. Which is another legal minefield.

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debryson

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I really hope Germany wins this and spreads worldwide. No disrespect to Valve, but I am 110% pro-consumer. With the direction the games industry is going, this would be a major coup to put power back in the hands of gamers.

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Toysoldier34

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@debryson While on the surface these things look to be pro gamer, but in the end the people on the other side of things just find a way to deal with it. We currently have Online Passes for console games now because of used sales. While it may benefit players there would be some drawbacks we don't know of.

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Sefrix

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Edited By Sefrix

"If I pay the full price for a game, then why am I not allowed to do with it what I want" People purchase Steam games at full price? O.o

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forbiddenmow

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Wow. Scary how many ppl are backing up Steam here without know what the argument is actually about. The Germans are 100% spot on. Someone needs to challenge this point all the way through the courts. I should be able to sell the key for my old Steam games. I can't see the difference between buying a game on steam and in a shop.

People going on about how cheap Steam is (it's not actually that cheap for new games) are totally missing the point. The sale price is not the point.

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BlackSquare

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Only way it would work is if you are able to resell your cd key. Which then you would simply have to be able to unlocked it from your account. Aka just gift that key to another account.

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tschne

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to add the view of a german guy :P there is no doubt in germany, that this law is not for digital products. i never heard about this case though.... its probably just this one lady who thinks that way

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captkiwi

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The wording for buying digital content should be, "A lifetime subscription for one or more item/s of digital content for one fee." rather than making it seem that you own the game when you "purchase digital" content.

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tschne

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Edited By tschne

@captkiwi true... same thing when a mmo stops and you lose all your stuff... she wont win im afraid... but i do like that we dont accept every eula a company tries to put on us

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sunbeam4

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@captkiwi true. I'm glad you said it.

I was even more annoyed with the wc advert in cs go.

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sunbeam4

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@captkiwi I would add. that we need an international registry for our digital & cultural right /ownership to the content we purchase.

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scout7

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You can't expect to get much value from reselling in the PC Market. Since its a global market, the value of your $60 game is already brought down to $20-30 on day 1 because of cheap Russian prices.

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zbarfbag

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they sell games on the super cheap what more do you want... selling video games is stupid IMO so many time have i wanted to go back and play a PS1 game or older and guess what i still have them....this argument is dumb

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Hakkology

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@zbarfbag That's a reason to choose Steam and entirely different argument.

Being able to do whatever you want with your product that you purchased is the issue here. At least read before making a dumb accusation.

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DarkSaber2k

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@zbarfbag You're dumb.

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Toadamus

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I wonder if they know the meaning of Tangible and Intangible services..

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Raxyman

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Edited By Raxyman

Simply no. Valve is one of the FEW game companies out there that are pretty friendly to the customer, and i don't really need to sell my games considering i've likely paid less than an actual used copy.

Go sue EA instead...

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gamingfrendly

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Edited By gamingfrendly

@Raxyman they are not as friendly as you think if you are not 100% with them

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Raxyman

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@gamingfrendly Considering the standard that the others companies put, they're great.

Every issue i've got with Steam they replied in two days, my account got hacked already and they didn't took long to solve that too. Their games are all FPS and are alwayd more interesting than the rest that's out there. DLC from them is free, patches are added regularly.

I don't see much evil in that.

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DarkSaber2k

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Edited By DarkSaber2k

@gamingfrendly @Raxyman "Friendly right up until the point you have technical issues, want a refund, lose access to your account, get hacked. In fact there are lots of times they aren't friendly but people only report on the PR and spin, not the negatives."

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vault-boy

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The sad truth is that if your able to simply 'resell' your old games than the entire digital market will fail. It is simply an impossible task. I'm not saying that what we are doing now is the right answer but making it so that we can just sell games used is the definite wrong answer.

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Hakkology

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Edited By Hakkology

@vault-boy This is a better argument of course, it still is no reason to ban the user from doing what he wants with his purchased product.


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wildkeny

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@vault-boy I won't resale any game that I really enjoyed.

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DarkSaber2k

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@vault-boy Yeah like how the whole disc market failed because of used disc sales. Oh wait, still full of shit.

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vault-boy

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@DarkSaber2k @vault-boy Jesus Christ dude everything you say is so poorly thought out. I don't even think your not smart, you just don't think for a second before you make an opinion, you get drawn in by bias and short sighted goals and say ignorant things. Here, just watch this, its a group called Extra Credits and they talk about video games and this episode was all about digital resale.

http://www.youtube.com/watch?v=aKSFPRaJpzA

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DarkSaber2k

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@vault-boy @DarkSaber2k Extra Credits suck.

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