A physical book is just that. It doesn't have to be supported by publisher once it leaves the shelf. Is there a typo? Can't fix that. There are no recalls. You see what you get. A game is not a physical entity per say. You can't tell what is in a game by looking at the disk. It has to be supported. Does it have multiplayer? The developers have to support servers too. It is a product and a service rolled into one.badgersprite said:Intellectual property is different from the form the property is contained in, though.Entitled said:You were asking for reasons why second hand sales SHOULD be controlled. Not legal statements for why it IS conrolled.BiH-Kira said:That's not how Europe works. If I buy something, it's mine, including licences.Entitled said:Not in every industry, only in the ones that sell physical products. Information is not a product, it's an abstract concept with no real scarcity, but potentially infinite access for everyone.BiH-Kira said:Can someone tell me a good reason why the developer or anyone should earn from second hand sales?
Every other industry has second hand sales, so what's so different about games?
When you download a game, you are not getting "a copy", you are getting the permission to create a copy.
We might give it a certain artificial scarcity to give some distribution monopolies to the publisher, but why these monopolies should be granted in a way to semi-accurately mimick physical property, is not self-evident.
So whether I got a copy of the game, or a licence to use the game, i'm allowed to sell it. And information is a product, just not a physical. Everything you sell is a product or a service. Since games are obviously not a service, it's a product.
Europe can declare information to be a sellable product, and that won't make it so any more than if they would declare "faith in humanity" to be a sellable product, or the wetness of the ocean to be a separately sellable content, or fire on the top of a torch to be the property of the torch's holder, that they can move to another one's torch exactly once.
Information is different from property. Fundamentally. In it's very nature, it's something else. Products are defined by being physical.
When you have a milkshake, you can point at something and say "this is the milkshake".
When you have a story, there is nothing to point at, because "the story" doesn't even equal any of the copies that are made about it, but the very act of ideas and knowledge getting arranged in a particular pattern.
If I buy a book, I have absolutely no ownership over the words within that book, and that is completely fair and how it should be. I have no ownership over that story. Can I still give that book to a friend for free? Yes. I absolutely can, because I own that book. I can absolutely sell that book and the information contained within. I cannot take that information out of the book and create a copy by myself and then sell that copy because that infringes copyright laws.
Why should games be any different?
If I have a disc with game information on it, that's no different from a book. The information the disc allows you to access is contained within that disc. It physically exists within that copy. That data is completely real. I can point at that disc or point at the file on my hard-drive and say, "This is the game." So why are games any different from a book?
I am totally within my rights to sell a copy of a game that I possess to someone else. I am not creating any additional copies of that game. I am not depriving the game company of a sale. I am simply disposing of my purchase to someone else. I no longer have any ownership of the game. I no longer have a copy. I have given my license to that service to someone else while depriving myself of the ability to play that game. Nothing has been lost to the game company.
Seriously, do you have to pay the author of a book every time you borrow a book from a library and read it? No, you don't, because that would be totally asinine and stupid. Intellectual property doesn't trump actual property rights.
That doesn't explain why I should have to pay them for the disc. The copy of the game I'm playing has already been purchased and paid for. It has been transferred from one person to another. The online service they're providing? I agree that they are completely entitled to charge for that service. And, if it's an online game, you usually do have to pay to use the service. I have to pay to use Xbox Live, so if I'm accessing a used game online, I am paying for them to keep it going. If I'm playing an MMO, I usually do have to pay to use it. If the game company sets it up so you don't pay for using the online component, that's their choice.CaptQuakers said:If the game is an online game then the people who run the game are still paying for you to play it, In your given scenario that would be like the people you bought the house of paying for your gas and heating bill. Is that fair ?badgersprite said:When you buy a house from somebody, who do you pay for it? Do you pay the people who live in the house and who sold it to you or the people who originally built the house in the first place? The people you're buying the house from didn't do anything to create the house or design it or provide you with the warmth and shelter that exists, did they? But you pay them because they're the ones who own that property. They're the ones who are selling it to you. You don't pay someone who built the house twice for the same object.Baldr said:Your telling me, you shouldn't pay people to entertain, keep support, and everything functioning for you because they are some greedy organization?BiH-Kira said:Snip.
Ownership, property and the ability to re-sell things we have purchased is fundamental to our economy. It seriously baffles me that so many people are so keen to argue against one of the most basic property rights capitalism affords to us.
But you can still pay for that service separately. In a lot of online games, you do pay for server support and the like. You still have to subscribe to use that game and access those servers. So the new owner does pay the companies in those cases.Baldr said:A physical book is just that. It doesn't have to be supported by publisher once it leaves the shelf. Is there a typo? Can't fix that. There are no recalls. You see what you get. A game is not a physical entity per say. You can't tell what is in a game by looking at the disk. It has to be supported. Does it have multiplayer? The developers have to support servers too. It is a product and a service rolled into one.badgersprite said:Intellectual property is different from the form the property is contained in, though.Entitled said:You were asking for reasons why second hand sales SHOULD be controlled. Not legal statements for why it IS conrolled.BiH-Kira said:That's not how Europe works. If I buy something, it's mine, including licences.Entitled said:Not in every industry, only in the ones that sell physical products. Information is not a product, it's an abstract concept with no real scarcity, but potentially infinite access for everyone.BiH-Kira said:Can someone tell me a good reason why the developer or anyone should earn from second hand sales?
Every other industry has second hand sales, so what's so different about games?
When you download a game, you are not getting "a copy", you are getting the permission to create a copy.
We might give it a certain artificial scarcity to give some distribution monopolies to the publisher, but why these monopolies should be granted in a way to semi-accurately mimick physical property, is not self-evident.
So whether I got a copy of the game, or a licence to use the game, i'm allowed to sell it. And information is a product, just not a physical. Everything you sell is a product or a service. Since games are obviously not a service, it's a product.
Europe can declare information to be a sellable product, and that won't make it so any more than if they would declare "faith in humanity" to be a sellable product, or the wetness of the ocean to be a separately sellable content, or fire on the top of a torch to be the property of the torch's holder, that they can move to another one's torch exactly once.
Information is different from property. Fundamentally. In it's very nature, it's something else. Products are defined by being physical.
When you have a milkshake, you can point at something and say "this is the milkshake".
When you have a story, there is nothing to point at, because "the story" doesn't even equal any of the copies that are made about it, but the very act of ideas and knowledge getting arranged in a particular pattern.
If I buy a book, I have absolutely no ownership over the words within that book, and that is completely fair and how it should be. I have no ownership over that story. Can I still give that book to a friend for free? Yes. I absolutely can, because I own that book. I can absolutely sell that book and the information contained within. I cannot take that information out of the book and create a copy by myself and then sell that copy because that infringes copyright laws.
Why should games be any different?
If I have a disc with game information on it, that's no different from a book. The information the disc allows you to access is contained within that disc. It physically exists within that copy. That data is completely real. I can point at that disc or point at the file on my hard-drive and say, "This is the game." So why are games any different from a book?
I am totally within my rights to sell a copy of a game that I possess to someone else. I am not creating any additional copies of that game. I am not depriving the game company of a sale. I am simply disposing of my purchase to someone else. I no longer have any ownership of the game. I no longer have a copy. I have given my license to that service to someone else while depriving myself of the ability to play that game. Nothing has been lost to the game company.
Seriously, do you have to pay the author of a book every time you borrow a book from a library and read it? No, you don't, because that would be totally asinine and stupid. Intellectual property doesn't trump actual property rights.
If you own a book as your supposed "property", you can't just stick it into your photocopier that is also your own property, and use it to produce more property.badgersprite said:Seriously, do you have to pay the author of a book every time you borrow a book from a library and read it? No, you don't, because that would be totally asinine and stupid. Intellectual property doesn't trump actual property rights.
So, if you're a company that makes teddy bears, and I buy a teddy bear from you, I shouldn't be allowed to give that bear as a gift to someone else when I no longer want to use it. You sold one teddy bear, and it ended up being given to two different people. If I had forced that other person to buy a second teddy bear from you, you certainly would have gotten more money. That money could have gone back into the creation of new teddy bears. Me giving my old teddy bear as a gift to another person hasn't done anything to help the toy creation industry. That money will never go into the creation of new teddy bears.Baldr said:They are undercutting new game sales, for a matter of $1-$2. So instead of selling 2 or 3 games, they are selling 1 game to 2-3 people for that $1-$2 the customer saves, the publisher loses $8-$10. That adds up over thousands of sales. It is not economically helpful to anyone. Game develop lose money on projects and things that would be beneficial to players. Games would be cheaper. If you clearly don't see this, then there is something wrong.BiH-Kira said:Can you point out where I said you shouldn't pay them?Baldr said:Your telling me, you shouldn't pay people to entertain, keep support, and everything functioning for you because they are some greedy organization?BiH-Kira said:Can someone tell me a good reason why the developer or anyone should earn from second hand sales?
Every other industry has second hand sales, so what's so different about games? What makes developer/publisher entitled to the money of the second sale? They sold the product, it's not theirs anymore. They aren't entitled to more money from that sale.
It's rather depressing how the big publisher managed to brainwash such a huge part of the consumer base to stop looking out for themselves and look out for the weak and poor publisher. Anyone who is against second hand sales is nothing but brainwashed.
The publisher are a business, not a charity organization. You DON'T need to look out for them. They look out for themselves. However, you need to care about yourself because the publisher certainly won't. They will milk you as much as they can and once they are done, they will trow you away. And believing their bullshit PR and fake numbers is just naive.
I said they aren't entitled the the money from second hand sales. That means, they already got payed. They won't get payed twice for one service/product. If you want to support them, but new, however, don't force other or try to make other look bad for using one of their basic rights as consumer.
If I buy something, I own it. No one has the right to tell me whether I can resell it, or even worse, take a cut from my sale. Once the initial transaction is complete, the publisher has absolutely no right to interfere with my product in anyway unless I want them to do so. And I certainly don't want them to interfere with me reselling the game.
Your telling me, you shouldn't pay people to make new cars, keep support and everything functioning for you because they are some greedy organization?
Now insert pretty much anything instead of "cars". I don't see the furniture industry complaining about second hand sales.
seems unlikely. If the consoles start going mainly digital they'll have a captive market, which means they can increase the prices. Hell, just look at the price of full retail games on the PSN or XBL, way above shop value.CaptQuakers said:Used games hurt the industry quite a bit, If you go into a store they try and push the used games.
I can't see this being a big issue after all most of my games will be digital downloads ( If rumors are to be believed) So hopefully it will be a lot cheaper than current prices. But if that is not the case I can see me having less games but not really being that bothered by it, The only time I buy used games is when I am not sure if I will like it or not but there are always other ways to find out if I might like it or not.
But that's what I'm saying. You can't do that because it does infringe copyright laws. You shouldn't be able to copy games either. I totally support that. That's copyright infringement. But, if you sell a copy of a book that you own to someone else, the fact that this book contains intellectual property that the new reader is going to get to experience for free does not prevent you from selling it, does it? Why should games be treated any differently?Entitled said:If you own a book as your supposed "property", you can't just stick it into your photocopier that is also your own property, and use it to produce more property.badgersprite said:Seriously, do you have to pay the author of a book every time you borrow a book from a library and read it? No, you don't, because that would be totally asinine and stupid. Intellectual property doesn't trump actual property rights.
I think you totally misunderstood my point, but okay.IP is trumping actual property rights all the friggin' time.
That's a completely different issue than used games, especially in this scenario. And, actually, in a lot of countries, yes, you totally are legally entitled to put music from your CD on the speakers and play it in a store, because not every country has the totally insane laws that the United States has, so you're wrong on that front too. The US's example is not universal, nor should it be.If you own a café as our propety, and you have a CD player as your own property, you can't just stick your musc disc into it so all your customers can listen to the songs that you own, because that counts as a performance, and the RIAA would jail your ass for it.
Yes. That's fair. That's why video games do have copyright protection. That's why you might have your video taken down if you upload a let's play on youtube. That's why it's piracy if you copy a game and distribute it for free. But I can sell a copy of a used game. There's nothing wrong with that. I can sell a license to someone to play that game. There's nothing wrong with that. In the same way, I can sell a film script. I can sell a play script. I can sell a book. I can sell the original reels to a film. If I possess these things, all these things can be sold. I cannot use that film script to produce a movie all on my own. This is what I mean when I said intellectual property was completely different from physical property, and that it does not trump your basic property rights to dispose or transfer it. The fact that intellectual property laws attach to all of these things does not in any way affect my ability to sell the original, physical copy.Intellectual property is not "a type of property", it's a monopoly. At it's very core, It means not that artists get to keep their belongings, but that artists (or more realistically, publishers) receive extra authority over controlling what other people are allowed to do with "their information". How to copy it, how to sell it, how to perform it, how to parody or imitate it, etc. In other words, to limit what they are allowed to do with their own body, and their physical property.
So you think libraries should be destroyed now that we can physically control books? Or maybe it's because our intellectual copyright laws are a product of the values of our time and individual freedom has been sacrificed on the altar of corporate greed?The only reason why physical books were allowed to be re-sold to begin with, is because it was uncontrollable anyways, and as a matter of tradition, publishers stopped laying claim to it.
I agree with this entire section completely.But there is no fundamental, self-evident truth in what IP rights are supposed to be about. They are just a bunch of regulations. Positive rights, like the right to education, or to health care.
There is no solid objective reason why copyright needs to extend exactly as far as it does right now, limiting a number of property rights, but not others. It could be a lot less strict, banning what is now Fair Use, and Used Sales, and Public Domain, but it also could be a lot more liberal, lasting 15 years, or legalizing all non-commercial file-sharing, or the right to publish fanfiction, or whatever.
It's depending entirely on exactly how much monopolies society deemed necessary for industrial progress.
I think we are done here. I'm not actually agrueing in favor of used games getting banned as being a good thing, but merely pointing out that the analogy comparing information to property is ALWAYS horribly flawed.badgersprite said:I agree with this entire section completely.But there is no fundamental, self-evident truth in what IP rights are supposed to be about. They are just a bunch of regulations. Positive rights, like the right to education, or to health care.
There is no solid objective reason why copyright needs to extend exactly as far as it does right now, limiting a number of property rights, but not others. It could be a lot less strict, banning what is now Fair Use, and Used Sales, and Public Domain, but it also could be a lot more liberal, lasting 15 years, or legalizing all non-commercial file-sharing, or the right to publish fanfiction, or whatever.
It's depending entirely on exactly how much monopolies society deemed necessary for industrial progress.
Mr.K. said:And I really can't see how TB would understand the issue, by his own claim he is rolling in cash and review copies are thrown at him left and right (more then he has time to review)... he really couldn't be less qualified to consider the aspect of game costs.
So we have two people who have extreme differing views that they gained due to their positions they've held...yeah that's how an opinion is based. Total Biscuit's opinion is perfectly reasonable for someone like him, as is Jims, I personally would side more with Jim, but that's because when I was doing year 12 last year I had a limited income that halted me from buying full priced games.Rofl Harris said:Jim says: "Do you know why Gamestop aggressively hawks (as Ben puts it) second hand games? Because publishers take the lion's share of new sales."
No, they do it because it is profitable to do so. Gamestop are a company out to make money just as Microsoft and EA are. Jim's videos are always heavily biased, and making Gamestop out as an innocent victim of a rampantly capitalist corporation here is no exception.