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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 fanirama
fanirama

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I agree. Resale of Steam games should be a no brainer and legal. I have over 150 games in Steam and I should be able to resell as needed.

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Rjasper48

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@fanirama You realize the money you spent on those games is a small fraction of what you would have spent on physical copies. Valve works off of a system that has low price points to increase sales. This is great for both gamers and Valve. However, if this digital reselling is allowed, Valve will take a cut in sales due to the steady reselling of copies. This will disallow for low price points and require Valve to up the price in order to compensate. It's really simple if you step back and look at the big picture without ego-centrism involved.

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d12dotcom

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Edited By d12dotcom

@fanirama So Valve should develop, test and maintain an entire system for you to sell your games on at no benefit to them? Or are you saying, you do it outside of Steam? At which point, scams are going to be huge

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Pro-Aktivity

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@d12dotcom @fanirama From a customers perspective your statement seems illogical to me. I would assume most customers would happily accept more freedom to do what they want with their purchases. What benefits them should be of no consequence to you. Rather the question should be "Do they infringe on the pro consumer laws set by my country?".

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Pro-Aktivity

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@d12dotcom @Pro-Aktivity @fanirama Unthinkable is not impossible. It's not like steam doesn't already allow me to gift people gift-able games I have on my account As we move away from physical media to digital distribution, it would be truly unthinkable NOT to pursue the possibilities of this avenue.

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d12dotcom

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Edited By d12dotcom

@Pro-Aktivity @d12dotcom @fanirama You have to try and think about how such a system would be implemented. It just doesnt seem like it'd ever work. Plus with all the other benefits of digital distribution, clamouring for this sort of thing is ridiculous. If you cant afford to buy every game you want to play, then either bite the bullet and accept it, or work harder for it. This sort of thing is just going to take far too much away from the industry for it to be worth pursuing

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Llama345

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@d12dotcom @fanirama No benefit to them? What about customer service and brand integrity?

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jeffrobin

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Go the VZBV. Transferring your account for that game to someone else (selling) should be allowed. The music industry went through the same thing a decade ago and got over it, games need to do the same thing. I'm not holding my breath though as games are much more complex and therefore easier to make anti transferable.

Also people should remember Valve is a company trying to make money like any other company. Sure they have made good games and come up with good ideas but that's no reason to blindly support them or anything that happens on the PC. Sometimes I think people are so grateful to Valve for stopping the death of gaming on the PC that they will do anything they're told.

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luis4800

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@jeffrobin The music industry might have gone through it with the CD's, cassettes, etc., I have no idea. but were talking about digital stuff, let's see can you resell a digital album you bought from itunes.

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jeffrobin

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Edited By jeffrobin

@luis4800 @jeffrobin But you can give, sell, or just play your song to a friend. Not sure if it's legal or not but you are able to do it. The whole idea of companies dictating what I do regarding ownership p's me off. I come from the thin edge of the wedge mentality where if it gets started I may not have a consumers choice in the future and that is where all my power is.

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Darnasian

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@pharomarc @N0tYrBeezin @jeffrobin @luis4800 Do not be ignorant to compare the music and car industry to the gaming industry. This is the biggest pile of shit I've ever heard!

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godofratz

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Edited By godofratz

@jeffrobin @luis4800 Just because you can do it, doesn't make it legal. Even the songs you hear on the radio (for free) are paid for with contracts. The radio station doesn't own the song just because they are allowed to play it.

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pharomarc

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@N0tYrBeezin @jeffrobin @luis4800 yes that is why all the manufacturers of cars and electronics and everything else are all on the verge of bankruptcy due to the 2nd hand market.

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N0tYrBeezin

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@jeffrobin @luis4800 Look let's say I bought a copy of a digital game. I finished it and resold it to someone else. That person repeats what I did. Then he did the same thing. In the end, everyone on the planet has played the game but the developer only got money from that one copy sold. They went bust. So you will never see any other game being made. So how does that do to your consumer choice?

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luis4800

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Edited By luis4800

@jeffrobin @luis4800 I know what you mean the future is digital

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luis4800

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Is that Germany BS how are you going to sell a digital copy of a game is already $15 dollars. If Germany is suing Valve it mighy as well sue Apple, Microsoft, Google, & Sony for not being able to sell their digital games or digital apps that are games. Sorry Microsoft your PC and Xbox 360 are already banned in Germany.

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lonewolf1044

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@luis4800

Yeah that may be, but how much has that hurt MS? not very much. They just make up the revenue somewhere else. Steam might just as well pull out of Germany. This issue is a catch 22 and if Steam must allow the resale of goods, it has to be worked out who will provide any support. If the TOS was rewritten I might jump on that bandwagon as long as I do not take a loss.

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luis4800

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Edited By luis4800

I forgot the "re" in sell.

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zzamaro

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Edited By zzamaro

I really hope Steam will lose this game. Services like Steam/Origins/Games for Windows are a virus. They are the biggest rip-off in the world. Services like Steam need to cease to exit.

-First of all, what if I don't like a game? I can NOT return it and you can NOT resell it either. You buy it, it's yours for good. This kind of business deal are just to make you can't get you money back in case you are NOT satisfied.

Sure, there demos but sometimes demos do NOT represent what you can actually get, especially the story. Take BioShock for example, you play the demo and sure, you get a pretty graphics but the demo only shows you a linear FPS. You don't get to see the TRUE gameplay. I tried the demo and I hated it so I started to wonder, why the praise? Because of the demo, I thought BioShock was a generic shooter. Then I took a risk and decided to IGNore the demo, and guess what? The REAL gameplay was NOT in the demo. I could not belive after a few hours of play the first level that I was playing an incredible game.

-Second, you do NOT own the games at all. Some have been taken out of Steam (for whatever legal reason) and there's no way to download them again. With a physical copy, if there's a legal issue with the copy and the company can't make more copies the game, you STILL own the game, you can still PLAY it. No one is going to go to your house and take it away from you and tell you that you can't have it.

-Finally, this only adds to my second point, but what if Valve/Origin/others or the internet ceases to exist? You will LOSE access to your games. With physical games, if the company ceases to exist, you will still have ALL your games. All those games bought at a discount/full price will not be able to be played. You can still get physical games at very good prices because there are still great retailers like Amazon which happens to give a great customer service. If Amazon ceases to exist, you still own the games.

In conclusion, all Steam/Origin and other online services are a scam even if their sales are good.

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lonewolf1044

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@zzamaro This has been practiced for many years and was not thought of yesterday or today. One of the reasons the most stores will not take back opened software is the fear of the software being pirated and the person got what they needed and now wants to get their money back. So I can understand thier position in the matter. However, Steam and any other company that deals in digital software where you must need them in order to DL your game have one flaw, what happens to your purchases when they bottom up and I am not talking one game because there are people like myself that may have a few thousand or more invested. People think they are getting a physical copy only to find that you still must play through Steam, Origin, etc. So therefore in some cases and it will happen more in the future. The notion that you have a copoy and you still can play is thrown out because the files you need to play are on Steam's servers.

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moviequest14

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@zzamaro Never have I seen a comment so selfish and ridiculous. Steam is COMPLETELY 100% optional. Almost every single title is available at retail or another distributor. Noone is making you shop from Steam. So you're going to wish an entirely optional service that makes their rules and regulations perfectly clear would close because YOU don't like it. I know you're a troll but this is low even for you.

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WolfGrey

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@zzamaro

Shame i can have multiple copies of my games by backing them up and i never have to worry about my connection because if you have no connection steam automatically runs offline.

And i can do that forever.

So ya....just negated your argument.

Sorry your not smart enough to get around it.

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fanirama

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@zzamaro I partially agree with you. Games on steam should be resaleable.

Steam and Origin are both equivalent and not bad - I have about 150 games on Steam and I buy on their sales mostly now. You get great deals without the hassle of storing physical media. You can backup your Steam games to offline Harddrive to redownloading from Steam again. Go in offline mode at least once per PC and you don't have worry if Steam servers are unreachable. Saves are in the cloud and you can play on several PCs (although not at once) and resume most games where left off.


Digital conveniences however have to be taken with a grain of salt.

Yes, some games disappear (like the James Bond ones, was waiting for a sale and then boom! gone Jan 1 2013) but I'm sure you can redownload. Its just not for sale anymore. Plus you can do local steam backup anyways after one download.


But I agree with you that Steam should allow resale of games. That is a market model that is viable and existed for a long time. Lets see what happens with this lawsuit.


P.S. The other posters calling you a moron are morons themselves. Pay no heed to them.

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d12dotcom

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@zzamaro You literally have no idea what you are talking about. In reply; 1. YouTube, reviews, forums etc can usually impart whether a game is worth your money or not before you buy. 2. I own 290 or so Steam games, every single one is still available to me. Even ones you are no longer able to buy. 3. That's not gonna happen in the sort of time frame where you're going to want to play anything on your Steam library to be honest. Though if this group succeeds, this day is going to come a hell of a lot quicker

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yomonkey

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@zzamaro with all the crazy sales steam does, the last thing it is is a ripoff. If you're not sure you will like a game, do some research or wait for a sale. Also steam has really helped the PC games market take off again and appear relevant to publishers.... that said uplay and origin are a virus.

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Virtual_Erkan

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It is simple Valve. Change the laws of your firm make the players resell their games at a lower price e.g. $50 game should be sold at $40.

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Rjasper48

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@Virtual_Erkan Terrible point. $50 games are sold on Steam for $5. That is 10% of the original market value. Steam is great for gaming, and undeserving of these attacks.


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ccagracing

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The main point of this case is to find out if valve terms and conditions of sale are illegal under German or European law. I treat all companies the same, regardless if its Microsoft, Sony, EA or Valve. I want the best deal for me, the consumer as I'm sure these companies will want the best deal for them. Make no mistake, these companies only want to make as much money as possible and have little regard for the consumer. If they all care about the consumer how come new releases on digital distribution are usually more expensive than online or even retail outlets?

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DarkSaber2k

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@ccagracing "how come new releases on digital distribution are usually more expensive than online or even retail outlets"

*citation needed* No really, it's DEFINITELY needed. I have never ever seen a new game on Steam that cost MORE than it does in a shop for a hard copy. Ever.

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Heshertonfist

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Edited By Heshertonfist

It's funny because if this was EA being sued by this group, we'd all be against EA. But, just because it's Valve, we're against this group.

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DarkSaber2k

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Edited By DarkSaber2k

@Heshertonfist The fact they are German probably factors into quite a lot too.

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ColdstoneX3

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Edited By ColdstoneX3

@DarkSaber2k @Heshertonfist dont see why nationality should be a factor here to be honest, im german and i dont neccesarily agree with this department of the german goverment.

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Heshertonfist

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@ColdstoneX3 @DarkSaber2k I agree with ColdstoneX3, I don't see why nationality is an issue.

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everyday182

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And this is why good services turn into company's like EA because every little person thinks they have a RIGHT to everything, Its in the steam terms and conditions that you CANNOT RE SELL anyone who buys agrees to that! How can you then turn around and tell em what to co?! Its like me going into a fast food place that I know deals in US Dollars and demanding they accept anything because its my right :S If you dont like there biz model then DONT buy from them!! get a physical copy! Oh no wait they like the prices but still want to moan :)

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Jinzo_111887

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@everyday182 TOS also says it can be amended to be legally binding, which is where that ruling on used digital games comes into play. Since they were ruled legal in Europe, Valve can't stand in way of them, unless they be breaking the law. I just wished they targeted Origin first, and possibly shut down online passes. Anyway, this ruling may help protect retail protects for those who can't seem to get good internet connections, which is one good thing that can come from it.

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Pro-Aktivity

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Edited By Pro-Aktivity

@everyday182 Thankfully a country's consumer laws trumps EULA's. I'm far more interested in a courts ruling on these cases, than blindly accepting everything a company throws in their EULA's.

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CincoToes

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So many clowns bowing to the idea of games as a service. "Oh, I get games cheap on steam sales, it's ok if it's not really mine. You can't take a pc game to a store and resell it anyway, what's the difference?"

Haha, one day corporations are going to demand the right to give customers daily anal probes for security or profitability or whatever, and I know some huge percentage of people will be bending over with a crack full of lube telling everyone who questions the practice to stop bitching.

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ColdstoneX3

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Edited By ColdstoneX3

@CincoToes i think the difficulty is more in there being no universal agreement on how to treat digital media which is the problem, while digital game sales have been around for a lil bit, its a fairly new practice, guess this is going to go back and forth until they reach some middle ground. As for anal probes, i somewhat doubt that will hapen, though the enforcement of such would at least create new jobs, (allways a bright side to things lol)

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leviathanwing

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Edited By leviathanwing

@CincoToes you re-state a sensible opinion and responded with a crazy one but you cant tell the difference could you? your daily insanity drugs must be running low.

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Pro-Aktivity

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@leviathanwing @CincoToes While extreme, he does make a fair point. It 's rarely smart or advantageous for a consumer to unquestionably accept whatever rules a company imposes.

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MrNWatson

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@CincoToes You seem a little paranoid, friend. Here, take this. *hands over a tinfoil hat*

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wiouds

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Steam is a service and there is not much one can do to force service to another.

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TheOnlyConan

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Edited By TheOnlyConan

@wiouds "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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everyday182

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@TheOnlyConan @wiouds Well then ban steam in European countrys and let me keep on buying from them and stop the bitchers :)

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RockySquirrel

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Edited By RockySquirrel

Carola... buy your Steam games on sale... you'll feel better...

(we're all with Gabe on this one)

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fanirama

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Edited By fanirama

@RockySquirrel Not me.Not all are with Gabe.

I'm neither for nor against Gabe Newell and his corporation. He and his corporation exist because of us, not vice-versa. I couldn't care less who he is nor what he has achieved (albeit I know what he has done), but what rights I have on the games sold through his or other equivalent platforms like Origin.

Buying games on sale doesn't mean anything for the ownership/resale part. Don't kid yourself into thinking Gabe cares about you. He doesn't care about you, but he cares about Valve continuing to exist and make profits

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RockySquirrel

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Edited By RockySquirrel

@fanirama @RockySquirrel From my point of view, I get better deals playing games from Steam than I do playing On Demand games from Microsoft... plus they look great on my desktop PC. I have no need for a disk collection.

It's a great 21st century system for now... and I'm happy how Steam keeps PC fans coming back for more.

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StarKiller2127

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to all you people complaining about digital distribution you have no idea what your talking about. i was the same way at first until i realized you can get a digital copy of a game for a fraction of the price. i have nearly 300 games on my steam library and bought most of them for about a quarter of their normal price. not to mention updating the game is so much easier through steam as well as modding the game now that they have steam workshop. and i have a few games they removed from the steam store for a few reasons and they all still install and work just fine. so quit complaining.

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StarKiller2127

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no store i know of anyway will even trade PC games anymore and haven't for nearly 10 years or more. these people need to chill out. why should you be able to resell a digital copy of a PC game when you cant even resell a physical copy of it.

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CriticalCritic

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Definitely not a fair system they're asking for. Should a player can buy a game and play it until they get bored with it and steal their money back? Steam usually puts games on sale, so what if they buy the game while its 75% off, how much money will they get back once the game goes back to the original pricing?

I can understand getting a refund for a broken game (something on the lines of War Z) or only playing the game for a short period of time and not liking it, which is something that Steam DOES offer.

Fuckin video game distribution Nazis.

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exedeath

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I hope they win, so they can put a stop to this. Digital distribution is terrible, and it needs to stop. Unless they can find a way to let us resell, and get our money back for atrocious games we wre tricked into buying, then it just needs to stop.

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MrNWatson

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Edited By MrNWatson

@exedeath In all fairness, if you bought a game and found out it was atrocious, then that's not Steam's fault. Not to be rude, but it's yours, for not doing your homework before you threw money at it. And when there has been a case of actual fraudulent advertising, such as with WarZ, Steam offered refunds. Steam isn't accountable for your lack of judgement--nor should they be.

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everyday182

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Edited By everyday182

@MrNWatson True I cant take my Mcdonlads backl because I did not like what I ordered I just have to make sure I dont order it again :)

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StarKiller2127

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@exedeath it is PC games you cant resell PC games no where i know of has bought used PC games for over 10 years so you are demanding that digital games do something you cant even do with the physical games.

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