The First Sale Doctrine, and what to do with Digital Games.

Poll

My question is, should game companies be required to sell games in a format in which the First Sale Doctrine can apply, making mandatory license agreements for entertainment software illegal? This would create another amendment to the aforementioned anti-

Yes
3 (60%)
No
2 (40%)

Total Members Voted: 5

Voting closed: August 30, 2018, 10:04:38 PM

« previous next »
Pages: [1]

Author Topic: The First Sale Doctrine, and what to do with Digital Games.  (Read 500 times)

Master Matthew²

August 15, 2018, 10:03:57 PM
The First Sale Doctrine, and what to do with Digital Games.

Currently Digital Games can only be acquired through "License Agreements", technically meaning you do not own the game. Even some physical copies are really just a shell for a download, which is a "License Agreement". The "License Agreement" is a loophole that can be used to circumvent the First Sale Doctrine. Since you do not own the game, you can't resell it.That may be seen as restrictive, but if you are required to pay $60+ for a game and you don't even own it, you have to eventually ask yourself "why am I paying for this, and why is there no alternative?". Maybe they already are breaking some Anti-Trust laws on license agreements, but I am not aware if they are. If they are not breaking Anti-Trust laws, there certainly should be an anti-trust law in place for this. Why is there a situation, in which I can not purchase a game to own anymore? Eventually this will lead to a situation in which no one can own any game, there is no doubt in my mind.

My question is, should game companies be required to sell games in a format in which the First Sale Doctrine can apply, making mandatory license agreements for entertainment software illegal? This would create another amendment to the aforementioned anti-trust guidelines prohibiting exclusive sale of entertainment software.

Ad Bot

Advertisement

thegoodperry

August 15, 2018, 10:18:20 PM
It's physically impossible to own an intangible good so no matter what laws you make they're already based on impossibility. A license is a pass that lets you access a redistribution of a single copy of a product because saying you own the product itself makes no sense. You merely own the key that lets you use the product, an entirely unique file that cannot be reproduced for anyone else
« Last Edit: August 15, 2018, 10:21:30 PM by thegoodperry »

Master Matthew²

August 15, 2018, 10:27:54 PM
Quote from: thegoodperry on August 15, 2018, 10:18:20 PM
It's physically impossible to own an intangible good so no matter what laws you make they're already based on impossibility. A license is a pass that lets you access a redistribution of a single copy of a product because saying you own the product itself makes no sense. You merely own the key that lets you use the product, an entirely unique file that cannot be reproduced for anyone else
That is true, and could that not be seen as an unfair practice? forcing people to only on option, merely having a temporary key to a game? even if, for example, there is a Console Physical and Digital Copy, where you can own the physical copy but are licensed the digital copy, even though they are both listed at the exact same price?

Col. Burton

August 15, 2018, 10:32:06 PM
that's like buying some KFC and expecting them to tell you the secret recipe, you don't own the recipe just the product.

thegoodperry

August 15, 2018, 10:48:54 PM
If you don't like being able to download as many copies of a game as you like on different systems then buy a physical copy next time. It's totally fair

auzman466

August 15, 2018, 11:00:27 PM
there are also sites that sell DRM free copies of games, such as GOG.

Drydess

August 16, 2018, 09:17:19 AM
how is it that you can always know matthew posted the thread just from the title
Pages: [1]
« previous next »