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Society & Culture
Virtual Legality Episode 104

Steam Ordered to Allow the Resale of “Purchased” Games?! The Legal Ramifications

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1y Sep 19, 2019
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The digital sales debate's gone global (!) as the French High Court has determined to void those terms and conditions of Valve's Steam gaming platform which prohibit the resale of "purchased" games.

What did the French High Court determine and why?

How does it relate to the First Sale doctrine of US law, and why should the same perhaps be inapplicable?

How are developers, publishers, and platforms likely to respond?

Why should those who have held the line against the rise of "Games-as-a-Service" (GAAS) view this as a Pyrrhic victory, if at all?

And why might this decision have much, much larger ramifications on the development, construction, and financing of games, as well as the relationship players have with them?

This is a big one, folks.

One copy just won't get it done in...Virtual Legality.

#Steam #Resales #FirstSale


Discussed in this episode:

"Steam: Valve is convicted in France for banning the resale of dematerialized games [In French, translation in the comments]
Reddit Post - September 19, 2019
https://www.reddit.com/r/Games/comments/d6cclt/steam_valve_is_convicted_in_france_for_banning/

"First-sale doctrine"
Wikipedia Article
https://en.wikipedia.org/wiki/First-sale_doctrine

"Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord"
17 U.S. Code § 109
https://www.law.cornell.edu/uscode/text/17/109

UK Gambling Commission clarifies position on ‘loot boxes’ in games during DCMS inquiry
Herbert Smith Freehills - August 21, 2019
https://hsfnotes.com/tmt/2019/08/21/uk-gambling-commission-clarifies-position-on-loot-boxes-in-games-during-dcms-inquiry/


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"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them.

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

Any and all feedback is appreciated. Let us know what you think!


Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)
(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3j

About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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