Consumer Protection in Purchasing Digital Products

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AvroArrow

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Dec 23, 2009
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Hey, Escapist community! I did not know exactly where to put this topic, so I decided on off-topic.

Lately, I have been thinking about the legal issues surrounding digital products (especially video games, of course!), namely the rights that consumers have when they have purchased a product over the web.

My "quest" began after watching this video about the general preservation of video games: http://penny-arcade.com/patv/episode/my-name-is-ozymandias . The video got me thinking: If Steam were to ever shut down and disappear, the majority of my games would probably become inaccessible. Unlike a physical product, my ownership (or, in the case of Valve, my license or subscription) of digital items cease as soon as the service providers no longer provides service.

Since then, I have been wondering about the legal rights that we, as citizens of either the U.S. or the E.U., have with a digitally-owned video game.

For example, if you look at the Steam Subscriber Agreement, there is really no protection for the consumer. For all intents and purposes, Valve could hypothetically remove your access to your games for any reason which they deem acceptable, not to mention that class action is not an option for U.S. citizens.

(More on that from RSP: http://www.rockpapershotgun.com/2012/02/01/thought-do-we-own-our-steam-games )

So, here is my central questions for the community:

1) Do you think that consumers, particularly those of the United States or the European Union, already have enough protection in the status quo?

2) Do you think that digital products ought to be treated legally identical to physical products? Why or why not?

3) Do you think that it should be legally required that video game publishers (or distributors) provide reason for any termination of services/licenses? Why or why not?

4) Do you think that it should be legally required that video game publishers (or distributors) provide refunds in cases of termination where the subscriber did not violate of the subscription agreement or commit improper or illegal activity? Why or why not?

Thanks for your patience in reading this, and I look forward to your responses!
 

Owyn_Merrilin

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May 22, 2010
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I think if normal consumer laws were applied in the realm of computer software, everything would be copacetic. Unfortunately, the software industry and its legions of high paid lobbyists and lawyers have managed to get several federal appellate courts (though not all of them and, crucially, not the Supreme court, which has yet to hear a case on the matter) to make it de facto law by waving shiny things and spouting confusing terms in front of a bunch of doddering old men who know next to nothing about computers. Now the actual law probably has something else to say on the matter, but caselaw being caselaw and the courts being the courts, the actual law doesn't really matter when it comes to enforcement. I understand in the EU, EULAs are seen for the crap they are. I wish we had that kind of common sense around here.