German Consumer Group Hopes To See Valve In Court This Year

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Karadalis

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Ultratwinkie said:
Karadalis said:
Uhm.. isnt account hacking allready a thing? I mean there are allready ways of making money through steam with trading TF2 items and now the new collectible cards.. allbeit pocket change true.. but money none the less
Not with unusual traders, those guys make hunddreds if not thousands on a single trade. Tf2 trading is not as low stakes as people think, and i think DOTA is getting up there too.
Really? I didnt knew that market was so lucrative, especialy since atleast the trading cards are most often not more worth then a couple of cents. Well in this case i am pretty sure there allready is a lot of hacking going on.

Also you make an interesting and possibly conflicting point here.

It is not okay to resell the entire game... but it is okay to resell bits and pieces of games.. in this case TF2 items.

Even thought according to you the game and therefore everything inside it does not belong to you in the first place because its all digital and just 1 and 0s.

And yet according to you people make large sums of money by selling digital content that doesnt really belong to them... with valves blessing...

Crazy world...

EDIT:

Also this argument is not about the term "used"

It is about reselling the license/CD key/Activation key or whatever you need to activate the software you bought. Once you sell that you can not use the software on your machine anymore.

Ofcourse logic dictates that if you resell software you have to sell it at a lower price then the store price because no one would buy it otherwise.

This has less to do with the word "used" and more to do with the fact that you would have no customers if you dont undercut the store price.

Yes there is no "used" in the digital world.. but CD keys and Activation keys are a reality, and by their very nature limited, and thus should be tradeable.
 

Karadalis

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Ultratwinkie said:
Karadalis said:
Ultratwinkie said:
Karadalis said:
Uhm.. isnt account hacking allready a thing? I mean there are allready ways of making money through steam with trading TF2 items and now the new collectible cards.. allbeit pocket change true.. but money none the less
Not with unusual traders, those guys make hunddreds if not thousands on a single trade. Tf2 trading is not as low stakes as people think, and i think DOTA is getting up there too.
Really? I didnt knew that market was so lucrative, especialy since atleast the trading cards are most often not more worth then a couple of cents. Well in this case i am pretty sure there allready is a lot of hacking going on.
Unusual hats have to be, you could spend hundreds of opening crates to find just one.

A good in demand hat with a good in demand effect I seen go for 700$, I even seen some rumors of thousands of dollars for the extremely rare ones.

Its like winning the lottery, and I seen some traders sell nothing but unusuals and making money hand over fist. Its the level of steam trading everyone wants to be at.
.... really? 700$ For a bloody digital hat for a FPS?

As i said before: Crazy world.. wich leads back to my argument.

Its not okay to sell a game license... but its okay to sell game content for absurd sums of money... and remember: According to steam you dont own a single thing in your steam account.. including said hat that just went away for 700 dollars.

That is one gigantic double standard.
 

obstructor

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Mar 15, 2011
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Karadalis said:
.... really? 700$ For a bloody digital hat for a FPS?

As i said before: Crazy world.. wich leads back to my argument.

Its not okay to sell a game license... but its okay to sell game content for absurd sums of money... and remember: According to steam you dont own a single thing in your steam account.. including said hat that just went away for 700 dollars.

That is one gigantic double standard.
That is how licensing works, "License" by definition is to give permission. So you buy permission to use the games and if you do something that is not liked they take your permission away.

So nowadays you just rent games for an upfront fee, that you don't have to return until the owner wants it back.
 

Karadalis

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obstructor said:
Karadalis said:
.... really? 700$ For a bloody digital hat for a FPS?

As i said before: Crazy world.. wich leads back to my argument.

Its not okay to sell a game license... but its okay to sell game content for absurd sums of money... and remember: According to steam you dont own a single thing in your steam account.. including said hat that just went away for 700 dollars.

That is one gigantic double standard.
That is how licensing works, "License" by definition is to give permission. So you buy permission to use the games and if you do something that is not liked they take your permission away.

So nowadays you just rent games for an upfront fee, that you don't have to return until the owner wants it back.
And that exactly is not how it works in europe.. according to the european court...

So it doesnt matter how its handled in the US or elsewhere in the world... you want to do business in the EU you have to play by EU rules.

You would expect the same of a EU company doing business in the US

It really doesnt matter what anyone thinks... the law is the law *shrugs*

Also i dont see why licenses can not be resold.. and infact in other industries licenses are resold all the time.
 

DataSnake

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OK, obvious question: how the everloving FUCK would used digital games even work? Data can be copied infinitely, and the only way a used market works is if the person reselling the item doesn't also get to keep it. Sure, you could revoke a given steam account's ability to play the game, but steam DRM is child's play to circumvent, and it would be easy to copy all the game data into another directory before "selling" it. Having your cake and eating it too isn't exactly healthy for the cake industry.
 

Elate

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Hold your tits. Have you not seen that Valve is working on it? They're currently introducing their new community markets, which have got a good testing out with the recent Steam Cards, and they're doing it exactly the way I said they would. They take a small slice of the profits from your sale. It works really well, and I'd be willing to place money on them opening that up to used games in the next year.
 

Strazdas

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May 28, 2011
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Sofus said:
All digital products are considered services. They are not products such as a phone or a retail game. A service cannot be refunded, returned or exchanged for something else once it has been provided. EU even forced Denmark to change the rules to the above mentionend, and unless EU changes it once more, then Valve won't be going to any court.
The Court of Justice of the European Union has ruled that digital games are in fact products and are objects to resale, and that any seevice, providing such digital product sales, should also provide a possibility to re-sell the product you own.
In other words, you are wrong.

Falterfire said:
Used Digital still makes no sense.
Sure it does. Just because its value does not fall over time (lets face it, it does, you dont see 60 dollar 10 year old titles) does not mean you suddenly lose all rights asociated with it.

JarinArenos said:
I don't see why Valve can't just add games to their internal digital marketplace and charge users the same 30% fee that they charge developers.

Okay, that's not true, I can see lots of minor problems with this, but none that I think are insurmountable.
actually a internal steam market with small (not 30%) fee is the most realistic possibility for this to work. besides, they already got the infrastructure for it. actually the rumors are claiming that current market is a test-drive for exactly this. and as we know valve likes to test its stuff before reason before it actually does something.

lacktheknack said:
This.

Everyone keeps saying that reselling digital games is a right, but allowing it could very easily disembowel Valve. That's why you buy licenses, not products.
per The Court of Justice of the European Union you are buying products. also, was it so hard to read 1 post above you?

Credossuck said:
God.. i bought my games at 75% to 90% discounts on steam... wtf tryin to resell them seems like fckn fraud at this point....
what makes you think others are willing to pay you more than 25% to begin with? maybe they also bought at 75% discout and wont be buying for more?



SajuukKhar said:
The reselling of digital products simply makes no sense.

Reselling, trading, and all other forms of swapping, only work because, when those things were created, all products they dealt with were physical, and thus could decay, and wear down, making it to where people HAD to eventually go out and buy new versions of the product, and thus prevent infinite trading, which would destroy any and all product makers because they wouldn't be able to sell enough of their product in order to recoup initial expenses, and make a profit to spend on making more products.

Digital products however don't wear down, unless you slap some artificial decay mechanism on them, like digital books did, which people screamed bloody murder about being unfair, despite it being TOTALLY fair. So trading digital products simply isn't feasible because it would mean only one person had to buy a product ever, and then they could just trade forever with other people, and no company can survive like that.

Not being able to trade digital products is a result of them NOT being physical products, and not having the same flaws as physical products, which means they shouldn't be treated the same. You get a product that lasts forever, but at the same time can't be resold, that's the trade off, that's the balancing factor that makes digital products on the same level of fairness as physical products.
oh, another one.

Just because the product does not decay does not make it loose value. a product is ap roduct regardless of form it is in (in this case magnetic memory of hard drive). forcing people to buy new product due to forced decay is a BAD Thing. especially in a market that can only strive by creating new things and not selling same ones over and over again.
someone slapped a decay mechanism for digital books? what are they insane? how does that even come up? "ah, lets see how can we win in the competition of who makes the most stupid decision in the world".

You are ignorantly assuming only one person needs a product. what if, gasp, more than 1 person wants to have it at the same time? but no, that never occurs right? its not like people wait in lines for 8 hours to get their hands on a copy? right? maybe companies would have to, shock and horror, make products that people don't want to throw away after 5 hours? yeah, how could a company survive such harsh rules!

product flaws does not automatically create product rights. your talking out of your ass and you know it.


BigTuk said:
How much more likely is it that Valve will just block German users from buying stuff on steam? Since they are you know the country that's complaining. Seriously, this is digital people. There was a bit of a trade off when you opted for digital media as opposed to physical media.

Cheaper price (due to lower production costs)
Always available (since quantities are relatively infinite)
Ability to install or uninstall freely.
No Disk swapping.

Trade off:

Inability to resell

Seriously it's a trade off people. You can't have it both ways, because we all know that the first thing people will do is find a way to cheat it... it'll also make it that much worse if your account gets hacked, or borrowed by your flatmate.

I mean for christ sakes when you buy a game for 2.99 US you can't really sell it much cheaper than that.
can valve afford to block whole Europe? not likely. the thing woudl be is how would valve tell the game publishers like EA that they cant just buy out this court decision. imagine the shock EA would have by not getting it their way for once?
It should not be a tradeoff. not if we ever want to have a real digital market. you CAN and you SHOULD have it both ways. in the past we were limited by poor technology and that was the only real stopper. now we create artificial blocks, because someone cant buy a 4th yacht this year otherwise. wont do.
and its funny how everyone assumes that games we bought for 3 dolalrs are the only ones we want to resell and those 5 hour "wonders" that we bought for 60 dont exist right?


Catface Meowmers said:
This is clearly a case of the Old Ways vs. the New Ways.

In terms of how we've understood the concept since its inception, there's no such thing as a used digital game. The whole point of a "used product" is that it has depreciated in value, and therefore it's not the "same" product that was purchased initially.

A licensed digital copy of a game is not the same kind of "product" as anything else that gets sold "used", so the old rules do not apply. Your purchase of the game license does not affect its value or depreciate it. I don't see why this is such a big deal.
no. a used product is a product that was used. there is absolutely no requirement about value depreciation.
 

RicoADF

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Gearhead mk2 said:
Hopefully people will actually read this article and not defend Valve just because they're Valve. It's about time that digital rights actually gave people some friggin rights. And I'm fairly certain that those EULAs that Steam and Origin and other such systems use are illegal in Europe anyway.
Agreed 100%, EULA's are guidelines at best. Even in Australia I've seen some games where the ADFT (Australian Department of Fair Trading) has put stickers on the game's case informing the consumer to ignore the EULA as our laws overrule them/their illegal.
 

Disthron

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You know. I've grown to like Valve recently. But I have to say, I hope they loose this case. The EULA change on class actions should be challenged. They could write that they can take possession of your first born in there EULA, good luck enforcing it though.
 

rheianna

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It's funny how so many people seem to think that EULA's are binding all over the world. They aren't, at least not in Europe. It's possible to get them overturned or not enforced providing some conditions are met:

- You got the EULA after you bought the product/license? EULA not applicable. They have to be handed over to you at the moment you buy at the very latest.

- EULA changes retroactively after you bought the product? Changes not applicable since you didn't agree to the specific changes at the moment you bought the product.

- EULA contains "unusual wording" that you couldn't reasonably expect from the contract you were agreeing to? Well unless you're a lawyer then you could always argue that tons of things in the EULA was unusual or misleading to you. In that case those clauses aren't applicable or in the worst case scenario they will be interpreted in favour of the person contesting the EULA.

Going by what I can see Valve shoehorned in a new EULA on people who already had steam accounts and said accept those or say goodbye to your games. Getting something like that overturned should be quite probable under the contract laws of most European countries.
 

Nielas

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Dec 5, 2011
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Strazdas said:
The Court of Justice of the European Union has ruled that digital games are in fact products and are objects to resale, and that any seevice, providing such digital product sales, should also provide a possibility to re-sell the product you own.
The ruling is one thing but you really need practical laws and regulations on how this is supposed to be done. Valve could say "Sure, you can trade and re-sell your digital games" and not actually do anything. After all, there is no rule that Valve has to add some sort of transfer system. If it has to add a transfer system, does it have to be done for free or is it able to charge an administrative fee? How high can the fee be? etc

Until there is proper legislation on the books, Valve can afford to sit back and twidle their thumbs.
 

Zefar

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Those who cheer for the German law to win.

You're basically saying goodbye to

Winter sale
Summer Sale
Easter sale
Any other sale

Do you know why? Because that guy who buy 10 copies of a game will give it to 10 new people and those 10 people might sell it on to 10 other people. Repeat this a ton of times and you'll have a massive loss for the company. Right now a guy can buy 10 copies but those will only be used by 10 people. That is why they can have such massive sales.

Then we have this where companies would want to or demand to take a cut from the sales as will Valve. How much should the company take? Probably over 50% I'd guess.
You'll most likely not be able to sell it over it's original value when you bought it on sale so the profit you make back might be less than a dollar.

Otherwise there would be far less people buying games from the store because everyone would just buy used.

What's the harm?
A VAC ban? It's account based by now. Will that change?

You don't have to worry about it not working because it will work unless the game is buggy but then you can just sell it on again.


Don't think you'll just be able to sell the game at whatever price you want and that you'll get everything back. Look at how much you get back by turning in a game to Gamestop.
Go back to consoles if you want used games. PC have no need for it and you can already trade games on the market if you bought it as a gift. Using that wisely you can save money on it.
 

GoGoFrenzy

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PoolCleaningRobot said:
Gearhead mk2 said:
Hopefully people will actually read this article and not defend Valve just because they're Valve. It's about time that digital rights actually gave people some friggin rights. And I'm fairly certain that those EULAs that Steam and Origin and other such systems use are illegal in Europe anyway.
Exactly. This bullshit with limited rights on digital content needs to go and Valve doesn't deserve any defense. Deactivating people's accounts and their games if they don't sign an agreement that didn't exist when they bought their games is ridiculous and the reason I don't get all my games digitally. Like it or not, we're not in control of the games we buy off Steam, Valve is. I don't know how much good this lawsuit will do because its not like Valve owns the licenses to the games it distributes but hopefully it'll push things in the right direction
Well to be fair your games would still be your games. You would still be able to play them off of your hard drive. You will just not be able to redownload them if they are not currently on your hard drive.

** You don't need Steam to launch your games. You can use the .exe files. **

The exceptions of course would be Valve multiplayer games like TF2 of CS since you need to use Steam to find servers. (As far as I know.)