Unfair/Illeagal ban of used software sales

Bazman

But how is it copyright theft? The original owner is giving up the game so there is only one copy of the game (a legitimate one) being used at any one time?

If the developers hope to sell more games this way I think they will be disappointed.

I only ever buy a new game when I know I can resell it later. If this option is taken away it just means I will buy far fewer games and none that require steam.

The game in question is Call of Duty Black ops. Based on the previous games it will take about 6 hours max to complete given an RRP of £54! That's circa £9 per hour not all that cheap when you look at the alternatives.

I mean going back to your music example. Does that mean it's illeagal for me to sell a record/tape or DVD?

Nilrem

Bazman wrote: »

But how is it copyright theft? The original owner is giving up the game so there is only one copy of the game (a legitimate one) being used at any one time?

Steam for example links the registered key to your account - you then never need the disc again (IIRC it's part of the deal Valve make with the developers that for a game to be used with steam it must be fully downloadable/accessable via the steam client).

Once the key is registered it can't be unlinked easily as it's then linked to the account - a minor downside for the secondhand market, but a major bonus for people who don't like mucking around with disks, and means that you only have to remember one username/password as opposed to dozens of different CD keys.

I don't fully agree with it, but given how much piracy there is, and how many people will (if given a chance) use dodgy keys to cheat at online games, as a gamer I'm for it (as I say it saves mucking around with loads of different keys/discs).

Legally I believe it's fully sorted, especially as prior to the key registration you have to agree to the T&C for the Steam service, and normally for the games themselves.

Aquatronixjenny

Bazman wrote: »

But how is it copyright theft? The original owner is giving up the game so there is only one copy of the game (a legitimate one) being used at any one time?

But how do you know the original owner isn't still using it? There is only one license key which he/she obviously still has, and may have made a copy of the disc or downloaded it to a hard drive. If they sold you the game legitimately they should have deactivated their license key before selling you the game.
Can you not contact the seller and ask them to do this?

Aquatronixjenny

Its the same as my sat nav software on my phone. When I get a new phone I have to deactivate the license on my original phone before installing and reactivating on my new phone. Its simple really, it just makes sure that only one person can use it at a time.

visidigi

If you think what Steam does is bad you should see what EA's behaviour is going to do to the future of the PC gaming market...

custardy

Bazman wrote: »

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?

.

you didnt buy it from steam,the person you bought it from did
so they agreed to the Steam T&Cs

fozmcfc

All games I have bought have come with a software license, which states, that this software is copyright of and may not be re-sold, copied etc...etc...

Once you install the software or someone else does, you accept these T&C of the license to use the software. If you don't agree then you hit cancel and don't install.

I don't think it is difficult to understand, someone buys a copy and then within a year it could be passed between several people, who pass it on when they have completed it.

The software company only get the benefit of one payment, when several people have played the game.

Surely that isn't difficult to understand, why you are not meant to pass on software either for free or payment and why companies don't want you to do it.

If software doesn't require online registration and doesn't check license numbers if you try to play in online mode, then I guess while it is still against the T&C's of the software license nothing prevents someone from re-selling the software of giving it to a friend.

fozmcfc

visidigi wrote: »

If you think what Steam does is bad you should see what EA's behaviour is going to do to the future of the PC gaming market...

Also Codemasters, are doing their best to damage PC gaming IMO.

Dirt 3, big release, but in the US and UK no DVD retail copies are being sold, you can only order via Steam.

Codemasters expect us to believe that Game, Amazon, Play, HMV etc. were all not interested in stocking the PC DVD version.

Luckily Coolshop who supply EU versions of software do have it for sale, for those of us who still like to have a manual and DVD.

vyle

Protip - never buy PC games second hand. They're so cheap anyway, that it's a bit wasteful. I got the PC version of portal 2 for £23, the 360 and ps3 versions were £36. Even preowned they're more expensive.

It's perfectly legal for software developers/publishers to sell a single use key, just like you can buy disposable cameras and other single-use items.

The console market is trying to get in on the act, too, because preowned sales are seriously hurting console developer finances. The only thing standing in their way is that with PC gaming, it's expected that one would download the game directly, or install the software from a disk and activate with a key. That's the opposite of the console mentality where the entirity (well, that's debatable now...) of the game is on the disk.

I don't see anything wrong with it on PC though because many developers are nice people who allow you to set up your own servers for multiplayer, and store the games locally, and even, like CD Projekt did with Witcher, remove all DRM from the game after a certain time.

What this means is once they know the game's sales have tailed off, they can allow you to transfer your game from one PC to another or back it up in case your pc died.

Imagine the console version of this:

You buy a serial key for a PS3 game and download/install it. You have it for 10 years and Sony no longer even hosts the game for download any more. You have no way to back up the game.

Your PS3 dies. You're stuffed.

Until consoles are more flexible, I find digital distribution and other adoptions of the PC model to be worrying, because they're taking the idea, but adding too many restrictions.

I know I've got a bit off the topic but no, OP, you have never bought a game, or software. You have only ever purchased the right to use it.

Flyboy152

DeeMarie89 wrote: »

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

Just because something is stated in terms and conditions, doesn't make legal. I could sell you a balloon and insist in the terms and conditions that you let it go down, is that legal?