European Court Declares Resale of Licences Legal, No Matter Their Origin

Discussion in 'other software & services' started by mattfrog, Jul 3, 2012.

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  1. mattfrog

    mattfrog Registered Member

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    http://www.dw.de/dw/article/0,,16069323,00.html

     
  2. RJK3

    RJK3 Registered Member

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    Mixed feelings about this.

    I wonder if it will change how Steam manages licences in Europe (can't be transferred unless first bought as a gift).

    I also wonder if it will further encourage "no support after version X" type licences and quick version changes.
     
  3. NGRhodes

    NGRhodes Registered Member

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    Why should you not be able to sell a software licences 2nd user.
    You can do this with many types of contracts already, what is so special about a software licence that makes it different ?
     
  4. RJK3

    RJK3 Registered Member

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    When I say mixed feelings, it is because I am considering the potential consequences of it rather than the ideology (which I agree with).

    I think of second hand books, and think of lost sales for authors.

    But if I think of games, I think of companies forcing people to sign up to a multiplayer service in order to play a single player game.

    When I think of software, I think of 'lifetime' subscriptions that become redundant when the company arbitrarily changes the name of a software and want you to buy it again.
     
  5. xxJackxx

    xxJackxx Registered Member

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    Which always makes me think of used cars. Why do copyright holders think they can charge everyone that touches something when other markets have had second hand sales since forever? As much as someone can resell a house or car, they should be able to resell a video game, or music CD, or software package without someone crying about lost sales.
     
  6. RJK3

    RJK3 Registered Member

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    Interesting question. I would think the nature of a book or game or music CD is more 'consumable' than other tangible goods. It is not like someone has a drive in their new car, then thinks "well that was nice, but I can't imagine driving it again" and gives it to a friend.

    People are going to share books/games/music/movies regardless of the law, so one could presume that it's not going to destroy industries if it hasn't so far.

    As I say, the main concern for me is the response of the software/game industry - how will they make everyone suffer for this. I used to routinely crack my legitimately bought games because of increasingly silly copyright techniques: Code wheels; read X line down on page Y, word Z of the manual; please have the CD inserted to play; please accept our DRM rootkit; this single player games requires an active internet connection.
     
  7. NGRhodes

    NGRhodes Registered Member

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    Food and toilet paper are consumable and can be resold - consumability is not a valid arguement against the resale of licences.

    Agree with your point point about response from the software/game industry, especially as they are likely to react without gathering any evidence of what the real impact will be, but end of the day.
     
  8. Nebulus

    Nebulus Registered Member

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    I think it's a correct decision, and I agree with it 100%. Now, what will be the reaction of the game sellers, that remains to be seen.
     
  9. RJK3

    RJK3 Registered Member

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    Luckily I'm discussing rather than arguing. Afterall as I've stated, I'm a proponent of transferable licences.

    There's all kinds of weirdnesses with computer software licences e.g. EULAs that you can't read until after you've made the purchase. On this, the 'rule of exhaustion' (where the seller of software loses copyright over a licence once sold to a buyer) comes into play in Europe:

    Prof. Dr. Friedrich Rüffler in ÖBI, March 2008:
    http://www.usedsoft.com/en/company/legal-position.html

    This doesn't seem to be the case in the US:
    http://www.wired.com/threatlevel/2010/09/first-sale-doctrine/

    Nor does the resale of 'digital' goods:
    http://www.wired.com/threatlevel/2012/04/scotus-first-sale-revisted/
     
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