cRPG

Off Topic => General Off Topic => Topic started by: Vibe on July 04, 2012, 02:00:17 pm

Title: Reselling digital property in Europe!
Post by: Vibe on July 04, 2012, 02:00:17 pm
EU rules publishers cannot stop you reselling your downloaded games
No matter what EULA you agreed to.

The Court of Justice of the European Union has ruled that publishers cannot stop you from reselling your downloaded games.
More specifically: "An author of software cannot oppose the resale of his 'used' licences allowing the use of his programs downloaded from the internet."
The Court said the exclusive right of distribution of a copy of a computer program covered by the license is "exhausted on its first sale".
The ruling means that gamers in European Union member states are free to sell their downloaded games, whether they're from Steam, Origin or another digital platform - no matter what End User License Agreement has been signed.
The ruling continues: "Therefore, even if the licence agreement prohibits a further transfer, the rightholder can no longer oppose the resale of that copy."
The ruling suggests that if you've bought a license for a game off your mate, you're within your rights to download it from the publisher's website. "Therefore the new acquirer of the user licence, such as a customer of UsedSoft, may, as a lawful acquirer of the corrected and updated copy of the computer program concerned, download that copy from the copyright holder's website," the Court said.
Whether Valve and EA will make changes to their websites to reflect the ruling remains to be seen.

The ruling in more depth:
"Where the copyright holder makes available to his customer a copy - tangible or intangible - and at the same time concludes, in return form payment of a fee, a licence agreement granting the customer the right to use that copy for an unlimited period, that rightholder sells the copy to the customer and thus exhausts his exclusive distribution right. Such a transaction involves a transfer of the right of ownership of the copy. Therefore, even if the licence prohibits a further transfer, the rightholder can no longer oppose the resale of that copy."

There is one condition, however. If you resell a license to a game you have to make your copy "unusable at the time of resale". Now you will do that, won't you?
"If he continued to use it," the Court explained, "he would infringe the copyright holder's exclusive right of reproduction of his computer program. In contrast to the exclusive right of distribution, the exclusive right of reproduction is not exhausted by the first sale."

http://www.eurogamer.net/articles/2012-07-03-eu-rules-publishers-cannot-stop-you-reselling-your-downloaded-games
Title: Re: Reselling digital property in Europe!
Post by: [ptx] on July 04, 2012, 02:03:28 pm
EU! EU! EU!
Title: Re: Reselling digital property in Europe!
Post by: Miwiw on July 04, 2012, 02:05:33 pm
So, if I sell my steam account and steam bans it, I can call the police. Though who cares, it wouldnt be worth the money to do so.
Title: Re: Reselling digital property in Europe!
Post by: [ptx] on July 04, 2012, 02:07:48 pm
Or you can threaten to sue Steam and they would likely restore the account, not wishing to go to court (and lose by precedent).
Title: Re: Reselling digital property in Europe!
Post by: Kafein on July 04, 2012, 08:22:05 pm
Also, ACTA was downvoted by the EU parliament today

Great news, individual freedoms
Title: Re: Reselling digital property in Europe!
Post by: Christo on July 04, 2012, 08:25:01 pm
Quote from: Kafein on July 04, 2012, 08:22:05 pm
Also, ACTA was downvoted by the EU parliament today

Great news, individual freedoms

Awwwww yeah.

Faith in humanity partly restored.
Title: Re: Reselling digital property in Europe!
Post by: Tibe on July 04, 2012, 08:44:19 pm
I did not know this.

I knew that, you can download/torrent software as much as u want, but it turns illegal when u share it. Who knows, mybe it still depends from a EU country. But sometimes they still confiscate PCs when pirates go too insane with downloads.
Title: Re: Reselling digital property in Europe!
Post by: Herkkutatti666 on July 04, 2012, 09:49:31 pm
EU EU EU EU! Selling my steam account 300€ including crpg chars  :mrgreen: :mrgreen:
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Title: Re: Reselling digital property in Europe!
Post by: Miwiw on July 04, 2012, 10:11:40 pm
Quote from: TiberiusX on July 04, 2012, 08:44:19 pm
I did not know this.

I knew that, you can download/torrent software as much as u want, but it turns illegal when u share it. Who knows, mybe it still depends from a EU country. But sometimes they still confiscate PCs when pirates go too insane with downloads.

Ya it's simple, example in germany. DL music and you might be fucked. :D
I buy my music in shops. ^_^
Title: Re: Reselling digital property in Europe!
Post by: Son Of Odin on July 04, 2012, 10:21:44 pm
Quote from: TiberiusX on July 04, 2012, 08:44:19 pm
I did not know this.

I knew that, you can download/torrent software as much as u want, but it turns illegal when u share it. Who knows, mybe it still depends from a EU country. But sometimes they still confiscate PCs when pirates go too insane with downloads.

I would like to see how you download torrent without sharing the data. The moment you put the torrent to download something, you also share the content you are downloading. Which is pretty much the beauty in torrents.
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Title: Re: Reselling digital property in Europe!
Post by: Bjord on July 04, 2012, 10:23:12 pm
visitors can't see pics , please register or login
Title: Re: Reselling digital property in Europe!
Post by: Tibe on July 04, 2012, 10:38:36 pm
Quote from: Son Of Odin on July 04, 2012, 10:21:44 pm
I would like to see how you download torrent without sharing the data. The moment you put the torrent to download something, you also share the content you are downloading. Which is pretty much the beauty in torrents.
(click to show/hide)

Im really not sure how it works thou. Seeding is slightly different than actually uploading the torrent. Like for instance, the crackers and uploaders get sued, not the seeders. Yes, technically u do share the data when u download, but for some reason seeders dont count...dont ask me why not, I have no fcking idea.  :? Mybe cause they dont make a new copy of the original, but just recieve it.

But yea, its not as bad as this: http://www.youtube.com/watch?v=ALZZx1xmAzg
Title: Re: Reselling digital property in Europe!
Post by: Kafein on July 04, 2012, 10:47:57 pm
Quote from: TiberiusX on July 04, 2012, 10:38:36 pm
Im really not sure how it works thou. Seeding is slightly different than actually uploading the torrent. Like for instance, the crackers and uploaders get sued, not the seeders. Yes, technically u do share the data when u download, but for some reason seeders dont count...dont ask me why not, I have no fcking idea.  :? Mybe cause they dont make a new copy of the original, but just recieve it.

But yea, its not as bad as this: http://www.youtube.com/watch?v=ALZZx1xmAzg

The torrent protocol makes sure that at least during the time you download your file, you also upload the parts your already have, that is, "seeding". If you want, you can keep seeding after you have completed your own downloading and that is how torrent works globally. While this effectively makes impossible not to share at least a small part of protected material you are downloading, it is still very different from making the file public by opening a torrent in the first place.
Title: Re: Reselling digital property in Europe!
Post by: Tibe on July 04, 2012, 10:58:47 pm
Yes, I know that part. I know how torrenting works dont worry. :D I ment that I dont understand how torrenting the file is not illegal, but when u share it with a friend its suddenly a crime. Althou torrenting is technically still sharing.