Unfair/Illeagal ban of used software sales

Bazman

Hi there,

As a good money saver I usually buy computer games 2nd hand (they are generally much cheaper that way) and then to save even more money I sell them on when I finish them.

However....

I recently bought a computer game from a private buyer via Amazon.

Now each DVD for this game comes with a "key" that you type in to ensure that the game is a legitimate copy and not a "pirated" version.

However when I tried to install the game via the Steam network I was told that the key had already been used once and that Steam would not transfer the key to me because they do not approve of trading in second hand software.

It makes me think though did I buy this game or did I lease it?

I believe I bought it, therefore I should have the tight to resell it?

I have a funny feeling Steam are trampling all over comsumer rights in the hope they won't be challenged am I right?

.

pcombo

Steam keys are registered to accounts. And can only be used on the account registered to.

Steam are in the right here, Maybe you should fork out the extra few pound and get the genuine copies, As selling second hand copies isn't really allowed.

Bazman

pcombo wrote: »

Steam keys are registered to accounts. And can only be used on the account registered to.

Steam are in the right here, Maybe you should fork out the extra few pound and get the genuine copies, As selling second hand copies isn't really allowed.

Why is it not allowed? I am buying a legitimate copy of the game?

Which piece of legislation says that you can not sell your own property if you choose too? Please be specific.

Perhaps you are lucky enough to be able to buy any game you want for full RRP. However I can only ever justify buying a new game with the knowledge I can resell it later. If this option is taken away it just means I will buy far fewer games. So I really think this could backfire on the companies concerned.

pcombo

The whole reason the serial key was brought in was for this particular reason, Buying a game copying and selling.

It might be a legitmate copy, But once the serial is registered to an account you cant do much, Except try get access to the account

Bazman

I thought the serial key was to prevent piracy? Which I wholeheartedly agree with.

I am totally aganst copying the game.

However selling it on, I don't see how they have the right to stop you from doing that.

I really feel by preventing you from selling on a product that you have bought out right they are breaching your consumer rights. They probably hope that no one will try and challenge this.

DeeMarie89

I used to work for a gaming store, and we wouldn't buy used PC games that required a key/serial.
If someone sold you the game, then they should have included the account that it was linked to in the sale, but what steam did is perfectly legal. It stops unauthorised copying and reselling of a game. Let's face it, would you rather make profits from selling ten copies of a game, or just selling one game and allowing other people or companies to make a profit by reselling it? It's a pretty sensible marketing strategy.

arcon5

If it has a serial key, your usually not buying the game, your buying a license to use the game.

Licenses cannot be sold on as part of the sellers terms & conditions. The seller shouldn't have sold you the game knowing there is not a valid license key with it

Bazman

Hey DeeMarie,

I realise why they want to do it but you say it is perfectly legal. Can you point me to the stature concerned?

I cant see how preventing you from selling your own property could not be a breach of your consumer rights?

Like I say though I think this will back fire it just means I will buy less games and I won't be buying any that can't be sold on.

Bazman

arcon5 wrote: »

If it has a serial key, your usually not buying the game, your buying a license to use the game.

Licenses cannot be sold on as part of the sellers terms & conditions. The seller shouldn't have sold you the game knowing there is not a valid license key with it

It has a key yes, which they would like you to think is just to let you use the game.

But I really doubt whether this is legal? Its like I could draw up a contract for you to kill someone but it would not be enforeceable in a court of law as they contract itself is illeagal.

DeeMarie89

As stated above, you are basically sold a license for the software, which is your serial number. That serial number is single use, and cannot be transferred as per Steam's (and many other company's) T's & C's.
I appreciate you would like to buy these games second hand and at a knock down price, but you really don't have the right to expect this, as it will have a knock-on effect of decreasing the sales of that company and potentially putting them out of business.
It's similar to DVD and Music piracy, that serial number is basically their protection against multiple use of their product.
You were correct, in a way, by saying you effectively just lease their game. Did you 'own' the game in it's entirety, you would be entitled to copy it and resell as many copies as you like. However, what you do is lease the software, but buy the right to install and play the game, very similar to how Microsoft etc require serial numbers to activate a copy of Windows, or Office etc.

It's also very similar to iTunes, whereby you can only authorise a certain number of accounts to play iTunes bought songs on

DeeMarie89

Bazman wrote: »

It has a key yes, which they would like you to think is just to let you use the game.

But I really doubt whether this is legal? Its like I could draw up a contract for you to kill someone but it would not be enforeceable in a court of law as they contract itself is illeagal.

It is legal, as it is stated within their terms and conditions, and unlike a contract for murder, is not encouraging anything illegal. On the contrary, the company are actually trying to prevent law breaking by protecting their rights against reselling and copyright theft