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-   -   US Court of Appeals Rules That EULA's Forbidding Resale Are Legal (http://www.zophar.net/forums/showthread.php?t=14533)

InVerse 09-11-2010 04:54 AM

US Court of Appeals Rules That EULA's Forbidding Resale Are Legal
No, you don't own it: Court upholds EULAs, threatens digital resale (arstechnica.com)

In short, if the End User Licensing Agreement states that you are simply licensing software instead of purchasing it (which a majority do) and the license states that you are forbidden from selling/transferring the license, then it is illegal for you to do so.

Among other things, this means that you would be forbidden from selling software on eBay or trading in games at GameStop.

You can pretty much guarantee that all future games will include language in the EULA regarding this. The only hope at this point is if the Supreme Court agrees to hear the case and overturns it. Otherwise, bye bye GameStop/CD TradePost/etc.

Reaper man 09-11-2010 05:00 AM

eh, I don't sell games anyway, so my give a fuck-o-meter is close to 0.

Also, backroom thread... moving. If another mod feels this would be more suited for game/console discussion, contact me.

InVerse 09-11-2010 12:24 PM

I put it in Talk Of The Town because I didn't think it was a particularly political issue and figured there are likely people that intentionally avoid the Backroom forum as a whole. I didn't put it in Game/Console Discussion because the big picture clearly involves far more than video games.

Your give a fuck-o-meter is clearly broken. You're being told what you can do with things that you paid for. Not being allowed to sell games is only the beginning. It's only one step away from it being illegal to lend your games to a friend or even to have them play your games in your own home without first purchasing a license.

And if this applies to software, it's going to apply to everything else. It won't take long until every single thing you buy will include a license forbidding you from selling the item when you no longer need it. You'll either have to destroy it or else bring it to a licensed repurchasing center. If this trend continues, people will start getting arrested for throwing away products without first destroying them, because someone else will dig it out of their trash and put it to use without a license.

Reaper man 09-11-2010 03:48 PM


The 9th Sage 09-11-2010 06:55 PM

Well, that's wonderful. I guess all I can say is that I hope someone has enough sense to see what a bad idea that is.

pipes 09-21-2010 12:35 PM

You buy what you pay for. If it's a license then enjoy your license. They have been doing this for a few years now with downloadable bullshit and exclusive 1st owner keys. Everyone just needs to stop buying this shit! I don't. Fuck games today! Every game made today that I have seen from the PS2/gamecube/xbox era has been a remake. Almost every type of gameplay in any modern game has been done before with NOTHING new other then bloom and HD and bumpmapping.


jdev 09-21-2010 10:05 PM

Well, the RIAA has been trying this for 15-20 years. I really hate how SCOTUS has no understanding of tech stuff. A CD they can wrap their heads around, but if it's complicated like this they just side with the bigger industry. Also, this contradicts their repeated earlier decisions on consumer property as regards their RIAA decisions.

So, I wonder if music is officially licensed now, or we're going to do "separate but equal" with copyright types.

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