Used Games v. Piracy

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NotSoLoneWanderer

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When you rent a movie the first chapter isn't cut out and when you buy a used book the first few pages aren't ripped out I'm okay with adding bonuses like an extra gun or armour but not removing content.
 

NotSoLoneWanderer

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orangeban said:
Satsuki666 said:
CM156 said:
As I've said before, the problem is that some developers are making games they want to make, not games that will sell.
They are ignoring the very first thing you learn in business/marking classes. Dont try and sell the product you want, sell the product your consumers want.

People also seem to forget that used game sales have been happening for the last twenty years. It hasnt killed off the video game industry yet and in fact the industry has grown. So its kind of hard to argue that they are killing it off when all evidence points in the other direction. The best solution for developers if they want to prevent used game sales is to create a game that people dont want to trade in or at least not for a few months or more.
Nor have used movie sales killed the movie industry that operates at similar costs to games and has been around a hell of a lot longer. Neither have used car sales killed of the car industry,
Yeah but games are getting more and more expensive to develop and the economy and all that
 

orangeban

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Kwaku Avoke said:
orangeban said:
Satsuki666 said:
CM156 said:
As I've said before, the problem is that some developers are making games they want to make, not games that will sell.
They are ignoring the very first thing you learn in business/marking classes. Dont try and sell the product you want, sell the product your consumers want.

People also seem to forget that used game sales have been happening for the last twenty years. It hasnt killed off the video game industry yet and in fact the industry has grown. So its kind of hard to argue that they are killing it off when all evidence points in the other direction. The best solution for developers if they want to prevent used game sales is to create a game that people dont want to trade in or at least not for a few months or more.
Nor have used movie sales killed the movie industry that operates at similar costs to games and has been around a hell of a lot longer. Neither have used car sales killed of the car industry,
Yeah but games are getting more and more expensive to develop and the economy and all that
More expensive than cars are to develop and make? Or movies? Why are games the only industry resorting to this?
 

NotSoLoneWanderer

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I don't know much about cars but movies are getting more expensive. I rarely go since I could care less about most things Hollywood but if I go with friends I'm still surprised every time and I can't buy popcorn if they all suddenly decide to see a movie in 3D. Oh and vending machines the cost 3.50 for everything except the 3.00 for water.
 

NotSoLoneWanderer

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orangeban said:
Kwaku Avoke said:
orangeban said:
Satsuki666 said:
CM156 said:
As I've said before, the problem is that some developers are making games they want to make, not games that will sell.
They are ignoring the very first thing you learn in business/marking classes. Dont try and sell the product you want, sell the product your consumers want.

People also seem to forget that used game sales have been happening for the last twenty years. It hasnt killed off the video game industry yet and in fact the industry has grown. So its kind of hard to argue that they are killing it off when all evidence points in the other direction. The best solution for developers if they want to prevent used game sales is to create a game that people dont want to trade in or at least not for a few months or more.
Nor have used movie sales killed the movie industry that operates at similar costs to games and has been around a hell of a lot longer. Neither have used car sales killed of the car industry,
Yeah but games are getting more and more expensive to develop and the economy and all that
More expensive than cars are to develop and make? Or movies? Why are games the only industry resorting to this?
I don't know much about cars but movies are getting more expensive. I rarely go since I could care less about most things Hollywood but if I go with friends I'm still surprised every time and I can't buy popcorn if they all suddenly decide to see a movie in 3D. Oh and vending machines the cost 3.50 for everything except the 3.00 for water.
 

Avae

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I don't see what the issue is with used games, the game has already been bought, the publisher has already gotten the money for it. If I buy a DVD and decide to sell it at some point then that's my business because it's my property. I may only own the medium that has the data on it but if they allow a game store to sell me that then I also will sell it to someone else if I decide to. Publishers are starting to treat their customers like dirt. If you don't want a game sold then don't sell it. Simple.
 

LordLundar

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This bitching about used games and "gamestop is teh ebil because they sell used games!" is really grating on me. Why? because all it is doing is looking for a scapegoat. Let's look at their arguments in a rather cynical matter:

1. The "gamestop is teh ebil because they sell used games!" argument. Here's the problem with that; Outside of selling the game yourself on ebay or some such site, EVERY GODDAMN USED GAME STORE DOES THE SAME DAMN THING! Oh sure, there will be differences in pricing, but gamestop is nowhere near the worst deals. I've seen places knock $5 off for a minor scratch on the disk. So saying getting rid of gamestop will bring trust back is laughable at best, as it will simply create a void that will be filled bu other companies doing the same damn thing.

2. Here's a question I'd like to pose: Used game sales have been around almost as long as the home gaming market itself, so why is it such a big issue now? Because in the past, games were made that were worth keeping beyond the initial sale period. Top selling games were games people wanted to keep. Now you have top sellers being resold to used game places within days if not hours because there was crap gameplay and told the real game is in multiplayer, only to find out that is substandard or repetitive as well. So then the customer sells it to a used game store within a few hours of release and it cuts into the publisher's profits.

3. Referencing a little of the prior arguments, those used games do not magically come out of someone's ass and are placed on the shelf. Someone bought it, felt they got their worth out of it or felt it was a piece of crap, and sold it to the used game place to recoup a little of their money. $60+ dollars for a few hours worth of gameplay is the reason these games are on the used shelf within a few hours of release, and that's assuming it's a good game. Now consider that $50 million+ was spent on this, most of it marketing and graphics. And publishers wonder why used games are so popular?

To sum up, this whole issue of used games causing lost sales is the fault of the ones raging against it, but they don't want to admit it because then they can't go on fleecing the consumers like little sheep. So they blame gamestop and the like because it deflects the blame away from who's fault it really is: the developers, publishers, and consumers fueling the 4 hour twitch fest then bored game production cycle.
 

Skratt

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Larva said:
Skratt said:
Cars & Tangibles do not equal Software & Methods (the basis of IP).

No, you did not just buy an "unwritten limited-use license to play" your new Lady Gaga CD... you fucking bought the disk. It's yours. You own it. If you want to sell it or wear it as a hat that's your business, not the company's.

Digital downloads for music and games have different rules, but if I have a f'cking box in my hand with a disk in it, it's tangible.


Skratt said:
My initial thought was that if Game Stop buys a game back from you for /$//- $10 and sells it for $45...
FTFY. <.<

I don't really care about Gamestop. They've found a way to profit off people too lazy to use eBay/Craigslist/Amazon/etc. If they can talk people into giving them $10 cash (or $15 store credit!) for that brand new $59 title that you beat the first weekend, more power to them. I find them to be scum, but they're a for-profit business... that's kind of how it works.

What you're proposing is damaging to the very fundamental right of property ownership.

Stop it. Stop giving these assholes power they did not earn.
If you make something, you have every right to tell people how they are allowed to use it. The concept is known as licensing and it differs completely from property ownership. Not everything someone makes and sells is yours to keep. Get over it.

On another note, I've already retracted that previous statement about the buy and buy again. I don't believe that used sales have anything to do with the problems that publishers have selling new games and I think the publishers can go fuck themselves. If the devs want more money, they need to stop giving away all of their rights to the publishers. If people want lower prices, they need to stop pre-ordering games.

Did I miss anything?
 

AdumbroDeus

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Tibike77 said:
AdumbroDeus said:
Tibike77 said:
AdumbroDeus said:
Tibike77 said:
AdumbroDeus said:
frankly I'm wondering if the fact that you can't transfer steam games stands up to the first sale doctrine. It probably deserves a test in court
I'd love to see anybody TRY it.
So would I. The fact that the licence for IP can't be transferred strikes me as very odd as far as nobody suing them on it yet.
So, what's next ?
Suing Blizzard because they banned the buyer of a WoW account ?
And after that, suing the owners of an elite club for not allowing you entry after you purchased a membership from a (now former) member ?
:p
Slippery slope fallacy my friend, after all, if we allow interracial marriage, soon marriage to chairs will be legal!
It's only a FALLACY if the steps DO NOT at least somewhat logically follow from one another, and there are either huge gaps in between the start and the claimed finish, or the number of steps is large (each with a certain non-100% probability of happening) and total probability of the chain of argumentation is very low.
Otherwise, it's just a series of events.
This is particularly true for the USofA legal system, where each ruling sets a precedent which future cases can build upon to have a noticeably higher chance of success.
So, in this case, while it is somewhat of a slippery slope, it's completely justified, and not just yet another fallacy.
Incorrect.

Reductio Ad Absurdium is not a fallacy.

If you can show the same logic when applied to other things reaches that result, or illustrate that the other events will occur because of the initial event, then it's Reductio Ad Absurdium.


Your misrepresentation of Stare Decisis is painful, it's the court's attempt to apply the same logic to different situations. The idea is to "let the decision stand", so the rule of law is consistent and predictable. So, for example they have a situation where "seperate but equal" is being argued, Brown v board of ed established as a standard demonstrationible harm for this to be unconstitutional. Harm is demonstrated in court. A similar ruling would not be taking the logic further as is the case of slippery slope, instead it's a matter of applying the same logic as before.

Obviously this is an idealized view of SCOTUS' decisions, obviously judges have their own idealogies. This is certainly not a case of taking the logic of previous decisions further.
 

Tibike77

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AdumbroDeus said:
Reductio Ad Absurdium is not a fallacy.
Nobody said anything about nor against "reduction to the absurd", or at least, I'm not aware of anything like that being said.

For the precedent thing, yes, the connection might be somewhat contrived, but it's certainly not "nothing", and a smart lawyer could probably use it at least as a slight leverage, if nothing else.
I am not a lawyer, let alone an USofA lawyer, and obviously, my horribly simplified views of the US justice system comes from inaccurate movies and a few things picked up over the internet, so I won't claim I know EXACTLY what I am saying.
Still, one can try to concoct even a strained line of argumentation which you never know who could latch onto and do what with it.

The first issue would be game ownership, or better said, defining WHAT constitutes a game, and defining exactly what a Steam-like service really is.
For starters, if you get banned from Steam, you lose access to a lot of games. Since I doubt anybody sued Steam for stealing their paid-for games, one can only conclude that either they were afraid of the EULA too much, or they didn't really consider THOSE particular games "theirs".
A MMO can usually get away with banning you because they claim THEY still own everything "you have" in-game, including the characters, so all they "really" do is cut your access to a service, similar to canceling any other subscription.
But can Steam claim the same thing ?
So the question is, what is Steam exactly ? Practically, Steam is more of a game rental service rather than a game retailer, or at least closer to the former rather than the latter, or else you could at least sue to never have your Steam account banned, just denied purchase of additional games and maybe denied access to multiplayer mode.
To rule that Steam must allow you to sell forward access to parts of their service would be extremely similar to arguing that games that happen mostly online should also allow their users to sell forward access to their services, namely ingame goods, currency or even characters.

Or something to that extent.
To the limits of my extremely reduced knowledge, anyway.
 

BlackWidower

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I've bought games used, and I don't think there's a problem. The last game I bought used was Shadow of the Colossus. So I guess the issue is buying new games used. Ones that you could buy new, and buying them used.

Ethically, buying a game used is absolutely fine. Practically and logistically, it doesn't give money to the people who made the game, so that's a problem.

My biggest problem is they are using these damn DRMs that punish legitimate buyers, even those who buy new copies, like criminals.
 

MajorDolphin

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twistedheat15 said:
numbersix1979 said:
It really exposes the developers as not really giving a damn about the artistic statements of their game, just obsessive over how much money they can wring out of the consumers.
Artistic statements only go so far, when your dropping tens of millions to develop big name titles you want a return for your hard work, not just a bunch of ppl wanting it for free because they think it's artsy. The game might be art to you, but it's just a job and product to another.
Here's the deal.

The pirates who get the game for free, will not be locked out of any content. Most games will be cracked within days of being released and any locked content will be available to those who wish to steal it.

The used game buyers, who pay for a game that has already contributed to the overall sales and profits of the company, are the only ones who are getting shafted. The pirates will be happily playing their stolen yet 100% complete games.

You basically did exactly what the OP was talking about. You somehow have it in your head that used game buyers and pirates are the same, which they're not. Not at all.

I don't see why anyone willingly accepts these practices. This is an artificial devaluation of the item you PAID for. The publisher (who is likely behind these schemes) is taking even more money out of our pockets. How is this acceptable? I don't see why people defend this.
 

MajorDolphin

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oplinger said:
numbersix1979 said:
The short story is this: Why are used game buyers equal to pirates in the eyes of game companies, when it's an awful policy that doesn't work for anyone involved?
Alright...I'm gonna assume you're a pretty smart guy. You seem to have at least a smidgen of research ability (You read something.)

Now, here's the deal. It takes a lot of money to make a game. Say you spend 25 million dollars on a game, then sell it for 50 dollars retail. Saying whoever invested the money gets 100% of all sales, they still have to sell 500,000 copies of the game (a lot.) Now take into account the dev maybe sees 20% (being generous probably) which means the publisher (the guys who toss the cash around) make 80% of all revenue from the title, at 25 mil, they see 20 mil. So they need to sell an extra 100,000 copies. Some games need to sell 1 million copies just to break even.

Now that we've broken down that bit (it's important) let's talk about revenue streams. Movies have Theaters, DVD releases, syndication and merchandising. Most of their money comes from the theater, which is a singular place in which a person must go in order to see the film. Second place is DVD sales, which they usually put out when the theatrical release is dying down. (in order to maximize revenue of the product) and then syndication if a TV station wants the rights to air the movie to the public. They get loads of cash for all of them.

Music has concerts, which is similar to theaters, and radio, which is similar to TV syndication.

Games have.......your computer/console. Maybe merchandising if they have the spare cash. They have absolutely NO MORE revenue streams. In order to make up the cash, they have to sell more product. Else we flip our shit like this. If you buy the game used, they see no money, the publisher does not, the developer does not. If you pirate the game, they see no money, the publisher does not, the developer does not.

Now that you understand that, let me get one specific point out of the way, it has to do with economics and business. If your business makes no money, and still has expenses. You don't really get to be a company for much longer. And we cease to have games.

It's not about treating paying customers as criminals, it's about trying to not go under. This is why we have loads of DLC, project 10 dollar, and other initiatives
to try and make money off of used sales (Used sales are the largest chunk out of revenue). No one gives a flying fuck about it though, so what they're doing is trying to entice you (heavily coax.) to buy the game new, so they can keep making games you like.

...That's about a basic blanket statement to cover the issue and it's context....any other questions?
Interesting that you point that out. A used copy sitting on someones shelf no longer being played is less likely to generate revenue through DLC than a copy bought used at a store and played by someone who actually enjoys it.

A used copy of a game is a good that has already generated revenue for the company. What the end user chooses to do with that game is their business. I do not see why we need to have big publishers digging in our pockets for change. If they want their games to generate money they should create games people want or games that interest buyers.

Case example. Socom 4. That game is absolute garbage. Had they created a game worth playing they would have A) sold boat loads of copies B) sold tons of DLC and C) wouldn't need to worry about thousands of copies making their way to Gamestop.

I honestly hope this used copy punishment system takes off and is a huge success. I hope it spreads to other industries as well. It will be hilarious to see everyone justify why they had to pay Ford several thousand dollars just to drive the used car they bought from an individual. ("they have to make profits from the goods they already made profits from!")

I'm not one to throw this term around lightly, but I wouldn't be surprised if certain publishers had actual shills defending their cash grabs on forums like this. There are already companies built up for such things so its not a stretch of the imagination.

As for "trying to not go under", you cut fat and excess expenses or restructure your company. Not crap on your customers. Raising the price of goods, even with hidden costs, is not a solid solution.