Should It Be Illegal to Prevent People From Buying Used Games? 35 replies

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Nittany Tiger Forum Mod

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#1 6 years ago

Also, should it be illegal to use online passes or the single-player equivalent?

Topic inspired by this article:

Is it legal to stop people from selling their used games?




Ryojin

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#2 6 years ago

Well... Seeing as how out of the many games I've purchased during the past three years or so, only a couple have been new, I'd say yeah, preventing people from buying used games should be illegal.

le sigh, another way for piracy to fuck over people who actually buy stuff.


Disclaimer: Personal opinions still not endorsed by Ryojin.



Nittany Tiger Forum Mod

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#3 6 years ago

Used games aren't a piracy issue. It's an issue of lost income. Publishers believe that they are entitled to every dollar a game makes, hence the used game "problem."




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#4 6 years ago

Same boat as Ryojin. I'm a bit behind the newer-gen games, but in catching up, it would be nice to buy used, or at least very cheap. Being unable to buy a 4-year-old game used is a bit ridiculous, even it's legal for companies to design their software that way.




Ryojin

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#5 6 years ago
Killer Kyle;5606850Used games aren't a piracy issue. It's an issue of lost income. Publishers believe that they are entitled to every dollar a game makes, hence the used game "problem."

I could have sworn I read something a while back about this and it's connection to piracy... Ah well, either way, I'm against the idea of used game selling being illegal.

If something like this does happen, though, I sure hope that the publishers are prepared to keep making brand new copies of old games...


Disclaimer: Personal opinions still not endorsed by Ryojin.



Nittany Tiger Forum Mod

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#6 6 years ago

Things are probably headed towards total digital distribution, which will extinguish the used game market. Except for losing your games when your HD dies (or having publishers owning games after sale a la EA), that may not be a bad thing.

If the rental market dies and nothing comes to replace it though, piracy will increase because not all people will want to invest $60 on something they may or may not like, and with no way of gaining money back from a bad investment, they'll either not buy or take the "free" option. Demos would help this, but some publishers don't believe in demos.

Right now, having retail copies is good since people that can't download games can buy games. Not everyone has internet or a connection stable enough to download a game or play it over OnLive (or worse, play it using draconian DRM).




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#7 6 years ago

I seriously cannot comprehend how stupid these publishers can be.




Nemmerle Forum Mod

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#8 6 years ago

Depends how they're preventing you reselling it. Generally speaking they're selling you a license to operate the program - rather than the program itself. And there are reasons of consistency with the rest of contract law why it's desirable that people should be able to sell non-transferable licenses.

What should perhaps be done is to extend the definition of undue influence to cover such instances. I believe you could successfully argue that the disparity in power between a game's company and their associated legal departments, and some poor shmuck who has to buy the thing before he can even see the terms he's expected to accept and then won't understand how they fit into contract law anyway, is so vast that any one sided advantage implied by the contract constitutes an exercise of undue influence.

I know the high court, in the UK, recently handed down a similar ruling as concerns cancellation fees for minimum term contracts, like phonelines and so on.




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#9 6 years ago

Killer Kyle;5606817Also, should it be illegal to use online passes or the single-player equivalent?

Topic inspired by this article:

Is it legal to stop people from selling their used games?

I'm in favour of online passes, but not if they effect the single-player part of the game. Online passes have been cutting down on used game sales in my region. Which I don't understand why, you can buy the used game and then online pass from the console's marketplace for cheaper than a fresh copy. :Puzzled:




Nittany Tiger Forum Mod

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#10 6 years ago

Why support them? I'm sure developers see a fraction of the $15 you have to pay to get the rest of the game you originally legally paid for. And these online pass-supporting publishers don't care about you unless you buy a ton of their stock. Consumer relations is not profitable.

Sony is forcing Twisted Metal's developer to use an online pass system when David Jaffee stated that he was against them. Just because one or two studios don't like used games, why should everyone have to play by this publisher bullshit game?

I don't mind typing a code in, but I do mind being screwed over.