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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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waterghost

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This is why some people just dont deserve nice things. Here we got Valve, probably the nicest game company in the world, then you got these german low lives who do not understand the concept of gratitude, they happily buy games at 75% off on Steam but still want sell them to hurt the industry. Human greed at its worst ladies and gentlemen

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VenkmanPHD

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Edited By VenkmanPHD

@waterghost I think a large part of it isn't the desire to hurt the industry, so much as a lack of understanding how a used sale can hurt the industry. It's a hard game to juggle, and I understand how it works.

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ssj2los

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@waterghost So you'll let someone rape you as long as they use lube and say "thank you" afterwards? "But they are sooo nice"... I do agree with you that Valve is one of if not the best publisher/service, but I also agree that we should be able to do what we want with the games we buy discounted or not. Just because I downloaded the game shouldnt give me any less ownership of my purchase.

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Allerletzt

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@ssj2los @waterghost Those aren't even comparable.

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ssj2los

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@Allerletzt @ssj2los @waterghost Not comparable and i wasnt trying to compare the two. His reasoning behind letting some of his liberty go because the company taking it is "the nicest" should be the same in both situations..

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mike300zxt

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@waterghost If I can sell my car/house/tv/book, why can't I sell my game? Who's the greedy one? The funny thing is, if Steam allowed you to sell your used games, but the money the buyer paid was put into steam credits for you to spend, then you would spend it on another game! Everyone wins.

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waterghost

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@mike300zxt @waterghost

because games are abstract things, get it? a car or a house degrade overtime, a used car is not the same thing as a new car, but when you buy used games, you get the exact same thing as the new one, because the abstract intellectual property does not change overtime like a car' or a house's wear. If you can not understand the difference between digital and actual transactions, of course you'll become a self entitled gamer.

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vault-boy

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@inSpectre_X @vault-boy @DarkSaber2k The distribtuion of movies can not in any way be compared to the distribution method of games because they are completely different. Sure, DVD sales are somewhat similar but 90% or more of the money made by movies are in theaters because theaters are a superior way of watching for most people. Video games have no equivelant of a theater, they HAVE to make there money buy selling games. If you can get a used game cheapers and just as easy as a new one companies will hemorage money and we will only have a few games left. Is being able to sell digital games worth having the only games that are able to be made Call of Duty?

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inSpectre_X

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@vault-boy @DarkSaber2k

What is your opinion on used movies?

Have you considered that some people feel some games are not worth their full price? That they never would've bought the game if it weren't used/cheaper?

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vault-boy

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@DarkSaber2k @vault-boy Jesus Christ, thats not the point. If I buy it uses for $30 and play through the campaign in 3 days and resell it for $30 and the next person does the same thing than the company doesn't make enough money to make there games. This is a face, developers need money. I'm not saying that they can't be greedy, but if we demand this than so are we.

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DarkSaber2k

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Edited By DarkSaber2k

@vault-boy @DarkSaber2k If the games so bad you wanna sell it after an hour then **** the company that made it.

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vault-boy

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@DarkSaber2k Actually, yea, lots of companies have gone partially because of used game sales. Not that I crucify all used game sales but just sit back and think, if you can buy a game, play it for an hour and then sell it to someone else for the same price how is any company supposed to make money? Like it or not money is essential to build games.


Think of it like this. I like being able to drive on roads. I like being able to go to public school. But those cost money so I pay my taxes. It is an unfortunate truth but that's the way the world works.

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DarkSaber2k

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Edited By DarkSaber2k

@vault-boy @mike300zxt @waterghost Yeah, just look at all those console developers shutting down left and right because of second-hand games sales. Oh wait that's right, it's not really the case because that argument is full of shit.

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vault-boy

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@mike300zxt @waterghost The point of used sales is they degrade over time. There value goes down because they are imperfect. When you get software (and yes, video games are software) there is no degrading and therefore no reason to buy new when you can save a few pennies buying used. The problem is with this system game sales will plummet and companies wont have enough money to make games. It is that clear cut, you can chose to not be able to sell games used or not have any games at all.

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waterghost

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@mike300zxt @waterghost

it's ok for you to not understand it, as long as the world's majority think straight and not get distracted by these self entitled low lives, we are good.

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mike300zxt

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@waterghost @mike300zxt Games are not abstract, they are physical, just like a DVD, online book, software, etc. Your point makes no sense. Houses degrade, yet their value goes up. You can keep a brand new car inside and never drive it, and the value still drops. You can sell a 2 year old game that is as good as new, but you're not going to get 59.99 for it. Sorry, your point is too abstract for anyone with even a modus of critical thinking.

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scout7

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Edited By scout7

Oh my, look at that sweet digital profit from selling my extra copy of DOTA 2. http://steamcommunity.com/market/listings/753/Dota%202

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decoy1978

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Fuah, digital content is fast becoming the primary means of distribution, so this really doesn't surprise me when this popped up. However, if I were in Valve, I would get my legal team to write up a near ironclad EULA that prevents stuff like this from happening until such a time that reselling digital software becomes more viable.

As a longtime user of Steam, I have a say 20 or so games that I no longer play in my library. I would like to try and sell them somehow, but I'm also content of knowing that I may not have that option since I did buy them digitally. I'm cool with that...for now...

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mike300zxt

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@decoy1978 It doesn't matter how "Iron Clad" your EULA is. The German courts have already ruled that an EULA can't take away your rights to sell something you own. I hope this spreads world-wide. I love Steam, but I'd also love to be able to sell the games I no longer play to my friends so that I can buy new games. Even if they just gave me "Steam Credits". That way they still make money from the game sale by me putting it into another game. Works for everyone!

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deactivated-5962a4d2614f8

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Hard times in Germany.

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beuneus12

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The Germans at it again? Don't you guys know YOU LOST THE WAR?

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beuneus12

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Edited By beuneus12

yes it was a joke, sjees lighten up people -.-

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isahunt

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@beuneus12

Obvious. Troll. Is obvious.

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moviequest14

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@isahunt He's not trolling , it's called a joke , ever heard one of those before?

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moviequest14

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@isahunt And??? It made sense and was relevant to the topic. And if you hadn't had your sense of humor surgically removed as a child you at least wouldn't be throwing a fit about it. If the comment said ''I bought avengers on dvd today , IT WAS SICK!!!111!!!'' it wouldn't be relevant. But this is entirely relevant. Chill out and quite trying to do the mod's jobs.

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DarkSaber2k

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@isahunt @moviequest14 Message had content and made sense. It was also not disruptive, so what's you point backseat mod wannabe?

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isahunt

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Edited By isahunt

@moviequest14

Gamespot Terms of Use:

7. Community Rules

Disruptive Behavior Behavior that disrupts the Service for other users, intentional or not, is prohibited. This includes, but is not limited to: ...content-free messages...or nonsensical messages.

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Goyoshi12

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@moviequest14 @isahunt

That's a really stupid joke, then.

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moviequest14

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@beuneus12 Reads comments , seems *some* people can't take a joke >.>

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miyagi1984

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Edited By miyagi1984

@beuneus12
The stupidity is strong with this one

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gamingfrendly

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@beuneus12 wtf does that have to do with this?

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deactivated-5962a4d2614f8

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@gamingfrendly @beuneus12 haha what an idiot. Speaking of wars 1 vs 3, there is only one outcome.

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sssephiroth

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@HIT3kNology @gamingfrendly @beuneus12 That being said, what does this have to do with the war?!!?

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sssephiroth

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@HIT3kNology @gamingfrendly @beuneus12 Actually the outcome was up for grabs until the Americans got involved. I imagine the whole of Europe would be hard pressed to compete with the industry and war machine that was mobilised within the states.

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DrJohnWatson

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Edited By DrJohnWatson

I honestly hate seeing stuff like this happen, especially to a company such as Valve which is my favorite distribution service for games.

All laws aside, Steam states you cannot resell licenses, this is quite clear. It also is written multiple times throughout checkout and if you do your research.

Its like buying cigarettes and clearly seeing and knowing they cause lung cancer but then suing the cigarette companies because you made the choice to smoke. Same concept applies here, steam is specifically telling you you can't resell.

If you do not like it, don't purchase the game or buy the box version. Don't SUE a company because you don't agree with how they do business when you were told ahead of time.

Stuff like this makes me lose faith in gaming and the end result is that Steam will have the option to deny game sales to German (and by extension EU) customers.

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isahunt

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@DrJohnWatson

Yes, if a multi-million $ company says so they must be right. Right?

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DrJohnWatson

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@isahunt @DrJohnWatson Last time I checked, nobody forced you to buy something you have an issue with. Please explain to me how your consumer rights are infringed, you are suing a company because you take issue with their business practices. That is all there is to this lawsuit.

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mike300zxt

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@DrJohnWatson As per the article, in Germany, an EULA cannot remove your rights to resell something you bought. Thus the lawsuit. I wish it were that way here. If I can resell a car/book/house/TV, why can't I resell a game?

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DrJohnWatson

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@mike300zxt @DrJohnWatson If someone told you, you couldn't sell a house/book/house before you purchased it, would you purchase it?

You know what you are getting ahead of time. You paid money knowing that you can't resell those items. If you cannot agree to that then you don't have to pay Steam and thus not support their business practices. If customers were not made aware of this ahead of time, then yes I would agree the lawsuit is fair, but this lawsuit is more of a case of a few people not getting their way and throwing a tantrum.


Now that is just my opinion.

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DrJohnWatson

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@RealFabioSooner @isahunt @DrJohnWatson I like how you jump to conclusions, I will do the same and assume your one of those people who sues from their own stupidity.

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RealFabioSooner

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@isahunt @DrJohnWatson This, one thousand times this.

I'm baffled that educated persons with a computer and an online connection are unable to understand the difference between product/service terms and consumer rights.

Goddamn people, are you this gullible? No wonder you've been electing those people in the past 10 years or so.

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isahunt

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@DrJohnWatson

It's not a question of "making it known" ahead of the purchase.

It is a question of taking away consumers rights - which Valve does not have a right to do.

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mike300zxt

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@DrJohnWatson @mike300zxt They are suing because German courts already decided that an EULA can't take away your right to sell something you own.

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edussz

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@mike300zxt @DrJohnWatson To me, the outcome of this lawsuit can do even more harm for germans gamers, as Vale can tell then to **** off, and just not sell to them.
As Valve already stated "
FOR NOW, we are continuing to extend the Steam services to gamers in Germany[..]"


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Thanatos2k

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@mike300zxt @edussz @DrJohnWatson Google closed up shop when China tried similar nonsense meddling with their business.

Don't think for a second Valve cares that much about Germany. Germans should be very fearful if they win this.

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mike300zxt

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@edussz @mike300zxt @DrJohnWatson Valve aren't stupid. Sure they might make threats to stop the service, but why would they stop it? Even if they have to allow license transfers, they still make money selling games. If they close their doors in Germany, someone else would just come along. I'm glad Germany is bringing this issue up...too many digital services are taking away ownership rights we've always had.

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DarkNeoBahamut

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Edited By DarkNeoBahamut

Someone didn't read the terms of use, it's not like they were hiding that, actually everyone knows you can't sell a digital game and yet they agree to buy it in those conditions....

It would be nice to be able to do it though :P

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mike300zxt

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@DarkNeoBahamut As per the article, in Germany, an EULA can't remove your rights to resell something you bought. Thus the lawsuit.

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enartloc

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@mike300zxt @DarkNeoBahamut not only in germany,but in all semi-civilized contries that have consumer rights.I've seen this imbecility showed by the OP you replied too over and over again,people just can't understand that the LAW trumps a piece of shit eula you sign for a video game.

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gamingfrendly

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@RealFabioSooner @enartloc @mike300zxt @DarkNeoBahamut its not like i like what the steam EULA have but right now i cant do a thing about it, gaben will be more than glad to nuke your account at any chance and leave you for dead, id like to see things change tho never liked the idea of the possibility to lose my account with no right to complain over it.

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RealFabioSooner

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@enartloc @mike300zxt @DarkNeoBahamut I'm shocked at how easily people cave in and give their rights away just because someone said they should...

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jagcivtec

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If it's a service it can't be sold because it has been "consumed" by the original owner. This is a deep subject, but I myself could agree to keeping my games if they are sold with a discount for my sacrifice. If I pay full price then I won't agree to this.

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xsonicchaos

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@jagcivtec A game is a product, not a service.

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Allerletzt

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@xsonicchaos @jagcivtec Digital distribution is still quite easily a service. You aren't simply paying for a game and walking off, they have to pipe it to you, they have to store all kinds of information, they have to have it and give it to you somehow.

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mike300zxt

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@jagcivtec They aren't wanting to re-selling the steam service, they are wanting to resell the game they bought. Makes sense to me.

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gplayer5

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forget reselling games, just pirate them. They want to be greedy so teach them a lesson and don't support them lol.

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HiroArka

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Edited By HiroArka

@gplayer5 Do you do stand up for a living! Because that was really funny! Ha ha ha ha ... quiet you!

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nu1mlock

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@Saint011 @nu1mlock @edussz Who said that a user would get back the same amount..? That's right, no one.

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HiroArka

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The hell is this garbage! Why resale data to some one else! Physical media I can understand, but chunks of DATA!


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enartloc

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@HiroArka the chunks of data as you call them are sold for physical copy price,hence the lawsuit,if they are not cheaper,they should not offer less than a boxed version of a game.

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mike300zxt

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@HiroArka What does it matter if the data is on a disk or downloaded? If you bought it, you bought it. Why shouldn't you be able to sell it?

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isahunt

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@HiroArka

Wecome to 21st century.

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gamingfrendly

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@HiroArka i think green man gaming does it not sure but i agree

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Allerletzt

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@gamingfrendly @HiroArka GMG does do trade ins. You still can't sell it to other people though (I don't think). They're just buying it back from you for a small portion of the price though.

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