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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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Devil_wings00

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If this goes through it would probably destroy DD online and PC gaming as a whole. I mean PC gaming is bigger then it's ever been because of DD but it still makes the smallest piece of the overall pie when it comes to multiplats. If we start to be able to sell used then It wouldn't surprise me if companies just abandoned PC gaming altogether since piracy combined with being able to resell digitally? Publishers would just go "f*** that". While I agree with the principal In actuality it could be a very bad thing for PC gaming.

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parrot_of_adun

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@Devil_wings00 Uh... German steam sales aren't exactly the lifeblood of PC gaming. If this goes through (when pigs fly), then steam would lose a decently sized but ultimately not crucial market, and DD would remain profitable.

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Avatar image for Jinzo_111887
Jinzo_111887

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@parrot_of_adun @Devil_wings00 It's not just Germany. The ruling applies to all of Europe, if I'm not mistaken.

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Jinzo_111887

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@Devil_wings00 Yeah, but consoles could be in bad shape, too. People are now hacking them are pirating games for those systems, too. And the rumored used game block technology could be illegal. In short, all platforms would be vulnerable.

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deactivated-5c3f3718d93f1

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Steam politics, online passes, it's all communism to me!

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deactivated-5c3f3718d93f1

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It's disgusting how games have changed from being an actual product you own to a piece of software you do not own but are "allowed" to use under strong ristrictions, even though you paid for it.

If I bought a game, disc or digital, I should be allowed to mod it, crack it and change it however I like as long as I don't distribute it, just like I'm allowed to modify any other product I buy (toys, clothing etc.).

I bet in a couple of years we aren't even allowed to open the game directory anymore..

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KimCheeWarriorX

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Edited By KimCheeWarriorX

this is why when i buy games digitally, i make sure to buy them dirt cheap, especially if im buying them on my console's marketplace. some advocate group similar to these guys need to represent us digital gamers here in the states because they make a really good point and im surprised more people havent made more noise about it yet.

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zzamaro

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@KimCheeWarriorX Agreed.

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Altazen

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@KimCheeWarriorX I'm with ya on the buy games dirt cheap digitally. The only digital distribution I am happy to pay full price/pre-order games is from GOG.

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Sideshow_me

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Edited By Sideshow_me

Maybe Valve would change their policies if they lose but i doubt it. It would be easier for them to just not sell anymore games in Germany. It's not what anyone wants to happen but i do hope German consumers have thought about that. Even if they win, they might lose out bigger than they expected.

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Jinzo_111887

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Edited By Jinzo_111887

@Sideshow_me Ruling applies to all of Europe, not just Germany.

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gibbey531

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@lusa2106 agreed...episodic content to this degree is just bleeding the name brand dry. I don't have a problem with new content or dlc, but halo and COD are the same in this regard. They release the game, get feedback, then release DLC (for a price mind you) Only after downloading every extra do you really have the final product. What they released wasn't complete, just decorated enough so people wouldn't notice or mind.

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jenovaschilld

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you know just checking above http://www.gamespot.com/news/diablo-iii-targeted-by-german-consumer-advocacy-group-6388367

This german consumer advocacy group really takes bad company practices to task. My question, why is the better business bureau here in america not pushing hard for its consumers also?

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parrot_of_adun

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Edited By parrot_of_adun

@jenovaschilld 'Cause the BBB is a largely corrupt pile of worthlessness.

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Devil_wings00

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@jenovaschilld Money and lobbyists

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jenovaschilld

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I personally try to buy physical store copies when I can, so that I give it away to family, share it with friends or sell it on ebay. And yes if a pc game really sucks balls I will take it back to the store and state the disc and software damaged my pc and want my money back, unethical yes- but some dlc is also. On another note here is a great article regarding steam and valve: http://www.polygon.com/2013/2/1/3941274/gabe-newell-steam-box-talk-ut

GS will probably ban me for showing another game site news article.

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Sideshow_me

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@jenovaschilld there's plenty of physical copies that require you to enter the code into your steam library. So even if you bought a physical copy you wouldnt be able to re-sell it.

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valium88

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Edited By valium88

Reading the terms of use before accepting is something I never do, because it's just plain boring. However if you plan on suing Valve, it might be a good place to start...I'm sure they've got it covered and the VZBV don't.

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DarkSaber2k

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@valium88 Wrong. Courts in Germany have already ruled THEIR consumer laws take precedence over bullshit EULAs.

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Jinzo_111887

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@DarkSaber2k @valium88 Exactly. Companies have to go by the laws, even if it's not something they like. That's why companies can't dump toxic waste where ever they please.

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Altazen

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Edited By Altazen

Off Topic: Gamespot, can you remove that 1 and only 1 photo there you post on the left under Recent News?

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3v1LR0n1N

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@Altazen its part of a news story...... so they probably won't until next time that is

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jenovaschilld

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Edited By jenovaschilld

I think a compromise would be for digital distributors to explain to the consumer what they are purchasing better and more simpler-

"hey that digital game you are now buying: with the ability to get it now, optimized for your needs, stored here if you ever lose it, and better yet, you do not have get off your ass and go to a store where sunshine possible may burn you. - WELL JUST SO YOU KNOW- you are not buying ownership of a physical product, you are agreeing to a service, one that you cannot give away, resale, trade, or get a refund because it sucked. All of those games in your digital collections is not a physical item, you do not own the licenses from the publishers we do. It is not something you can will to relatives if you die, or trade to a neighbor for a bike. Much like a lap dance you get to see it, play it over in your mind again and again, tell friends about it - but no matter how much try you, cannot share it with others (unless they pay) And you sure as hell do not own the stripper afterwards. Now if you want to go buy a copy from the store by all means, you then have all the legal rights given to a physical product in regards to each state and country. But since you just checked the box agreeing to our terms and services - screw you. Now lets go play some f'ing video games."

I think wording it that way above would help alot.

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Devil_wings00

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Edited By Devil_wings00

@jenovaschilld Ya but even most store copies make you enter a code into steam (or origin) making it no different then it would otherwise be on DD except the unpatched version of the game is burned on a disk and you get a box.

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Jinzo_111887

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@Devil_wings00 @jenovaschilld Those codes could also be illegal in the future because of that ruling over used digital games in Europe. The rumored PS4/Xbox720 used game blocking measure might also be a problem. I can see one way around that problem, but I know it won't be a good one, which is why I'm not saying it.

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JangoF-76

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Edited By JangoF-76

This is why I don't buy digital unless it's significantly less expensive than a physical copy (which when dealing with XBLA and PSN never happens) - why pay more for a product that you don't even own and can do nothing with once you're done with it? It just doesn't make any sense...

Maybe it's better value on Steam, I don't know as I'm not a PC gamer.

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jmr1986

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@JangoF-76 Let me give you an example. How much Sleeping Dogs sales for on retail for consoles? $30? $40? i got it two weeks ago for $10 on Steam and it will probably go for cheaper during the year while the retail console copy will be sitting around the same price.

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Thunderstarter

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@JangoF-76 It's a far better deal on Steam. I picked up Arkham City for $7.50.

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Wolfandstein

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@JangoF-76 Oh yeah, its hell lot cheaper. 75% off during sales.

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snova9308

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Edited By snova9308

in order for this to happen, they have to make sure you no longer have a way to play the game anymore after you re-sell it, bringing a horrible world of allways-online-DRM with them.

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Jinzo_111887

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Edited By Jinzo_111887

@snova9308 Valve already does have something they can tweak to do just that without the always online DRM, but it's still pretty bad. Time bomb DRM. Parts of games need to be redownloaded over time, which would be a good time to check your Steam library. Thing is, it's not fool proof.

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RenegadeGR

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shouldn't they be sueing EA (dont know if Ubi and Acti does it) too?

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ottumatic

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This is a fine example of laws and policies which are outdated, and did not keep up with its time. If this lawsuit is allowed to pass, it will affect other digital content of other media as well. E.g. Music, movies, apps.

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Wango_Tango

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Edited By Wango_Tango

The government should not be telling Valve how to sell games. Even though I don't like the way it's done, Valve does inform its consumers about the terms of the purchase. It isn't up to the government to make buying decisions for its citizens unless it can prove the existance of neglect or willful intent to cause harm.

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jenovaschilld

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@Wango_Tango Lol, calm down tea party member, if you read above it is actually Germanys consumer protection organization at the request of its citizens that they are taking action. Much like our better business bureau or consumer union groups and BBB in each state. Goto gamesindustry international they have a better article on this than the short news bite GS does. And remember that the government has every right to tell industry, companies, coorporations how to sell their games or products - after all that is why we have government and elect them. Of course government can do stupid chit as history has shown since the beginning of civilization, but supply and demand will always prevail - it is the crap and time you waste that sucks.

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Wango_Tango

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Edited By Wango_Tango

@jenovaschilld @Wango_Tango It's the request from the citizens that's the problem. If people don't like the way a company is doing business don't buy their product. Simple. Being a responsibile consumer is a matter of intelligence not political preference.

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Wango_Tango

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Edited By Wango_Tango

@jenovaschilld @Wango_Tango You need to reread my original post which prompted your first reply. The last sentence specifially.

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jenovaschilld

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@Wango_Tango You cannot put all of the responsibility onto the consumer. for instance if YOU are the mayor of an old west town, and a snake oil sales man has been duping your citizens not only of their money but also their health, then how long do you allow it to go on. Remember it is your duty as mayor to not only protect but to serve your constituents's complaints. Do you really just put all the blame on the people who everyday hope for a cure all, lack the knowledge to defend themselves, or just sometimes make poor decisions. As the mayor do you allow 50% of your town to be duped, allow 25% to die - when do you draw a line, how many complaints must go by before action?

Well right or wrong (which I feel legally steam is in the right) The German consumer group is reacting to its citizen's complaints, your above comment if they don't like they don't have to buy is fair, but like the example above how many complaints do you mark up as 'buyer beware' before you act.

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mietha

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@Wango_Tango Yes, they should, if they are breaking established laws, which, in certain countries, they are. They don't get to choose not to follow laws they don't like. The only choice they get is whether to sell there or not. They WILL comply or they WILL be shut down in Germany, among other countries. That's just how it works.

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Wango_Tango

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@mietha @Wango_Tango Yep, and I'm saying it's the law that's wrong. Consumers have a responsibility to make intelligent purchase decisions. If consumers don't like the fact that Valve doesn't turn over distribution rights at the time of purchase then they should not buy the product.

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Wango_Tango

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@WoodenStick @Wango_Tango So, first off, don't buy the game if they're trying to screw you like that. Second, let's be honest. The reason they get away with that is because no one ever reads the documentation. If people actually paid attention and refused to make purchases the companies would change their practice right quick.

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WoodenStick

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@Wango_Tango you mean like i bought Orange Box, it says "if you don't agree with terms of license you may return..." blablabla.

To understand what the terms were you had to open the package and install the disc, and when you opened the package the game was ineligible for return.

There is no such half-compromised law of return in Europe, it doesn't hold up in court.

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isaacyassar

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In my opinion, people should be able to trade/resell their license to play games, it doesn't get any more beneficial for customers than that. At first it might sound bad for Steam and game publishers, but such concept actually can be good for everyone if Steam provide a marketplace and with each sale both Steam and the particular game publisher gets a little cut/fee. In total probably still less financial profit for Steam & developers, but with the added benefit for customers, I think it would be a better system overall. It's more fair & beneficial thus I believe customers will not be reluctant to spend more money and show support to both Steam and game publishers. The post above shows that some customers don't feel current Steam system as fair enough. The question for Steam would be, do they want to make it more fair for customers or keep the most benefit for their side? I think it is better to be fair, because in reality it doesn't have to be Steam, there are 'free' version of anything Steam sells. Back to what I said, with more fair system people will be more likely to show support. The question is, would Steam be interested in it?

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jenovaschilld

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@isaacyassar I agree with your post alot but you see the way steam and many other digital distrubtors are getting around this, is by stating (at least the way it was argued in germanys supreme courts) that steam is providing a single use service and they actually hold the licenses to the games bought from the publishers. That the consumer is actually buying a service not anything physical. Kinda like blockbuster buying movies and you renting them. Bad analogy - more like a zoo pass, you can come and see it as much as you want, but only you can use it, and you sure as hell do not own any of the animals.


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DarkRaven0021

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@jenovaschilld @isaacyassar This is a damn good post and I like the analogy you used. I own 147 games on Steam and 77 actual physical games (mostly older XP games like Mechwarrior, Neverwinter Nights 1 & 2, etc.) I am at a loss a lot of times as I do want to own my games, but the prices Steam sells the "Imaginary" games for is often too good to pass up on. i.e. Vampire the Masquerade: Bloodlines $5.00, etc. I, at 41 years of age, am just now starting to get more comfortable with the idea of owning a service so to speak as opposed to owning a physical copy of a game, but it's still troubling for me as I can't help but think things like "What if Valve were to go out of business, do I lose all my games?" Questions like this are what bother me about Steam as a whole and not just Steam but Direct2Drive, etc.

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gibbey531

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Edited By gibbey531

@jenovaschilld @isaacyassar Excellent explanation!!! You pretty much summed up the whole argument and used a very clever pun as well. Truthfully, I don't mind not actually owning the game, unless it's a major install like WoW or even The Old Republic...but being able to do a factory reset, let windows do it's automatic updating and whatnot, WHILE downloading my games library on Steam is super super convenient and time saving. Don't have to doink around with putting in the cd and hitting next 40 times and enter a cd key...It's not being lazy, but only after your computer crashes and you have to do a reinstall do you appreciate it.

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jhonMalcovich

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Edited By jhonMalcovich

It won´t hurt Steam, but developers. If you can buy games for 5 bucks on Steam plus you can resell it or retrade it on your own, then what profit it will leave for the developers. Come on, people, stop being so cheap. Last year I didn´t spend more than 20 bucks on any game, recent releases including. Digital games are already cheap as hell, but this is not enough, now we wont to hurt those who develops them.

And we just started to regain the trust of game developers back after all that bad fame due to the piracy.

Besides reselling digital content is not fair in contrast with physical one. Because physical content is subjected to physical degration while digital content will allways stay in pristine condition removing the allure of buying new one.

In the end, we´ll just scare game developers back to the consoles or they will just addopt dreadful free-to-play models.

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Goddammitj

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@jhonMalcovich New games are not cheap, and some old games arent either. Just a quick look and Im actually shocked, maybe Ive been naive but Black Ops 2 is almost 25% more expensive on steam than a physical copy....In the sales of course many games are cheap. Considering you pay full price (or even more apparently..) for a new game which you could easily sell for 50% once youve finished with it, losing that right is a pretty big deal. You buy into the right to sell on, at least with physical copies (which take years to degrade with most people, take care and theyll last decades). I dont see why it shouldnt be the case with digital. Now if games were cheap enough for people to not care about the loss of resale then Im sure everyone will be ok, but not at full price.

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jhonMalcovich

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Edited By jhonMalcovich

@Goddammitj @jhonMalcovich In that case, I just buy russian retail Steam keys that are not regionally locked.

I've bought recent Devil May Cry for 20 bucks.

Greenmangaming can offer 20-25% discounts for all current releases.

And regarding, Black Ops, well, this is just Activision. Their games are never cheap. But this is just one company,

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MatrixGamer78

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Soon german will sue Apple appstore to resell most of its downloadable apps :D

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