Reselling digital items is only possible with cosmetics and stuff inside games. Reselling digital games is way too far-fetched. French government is just trying to be all cool but probably has no idea what it's talking about. As usual with governments and technology.

4 years ago
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I don't think it is that far-fetched. If the game is on a disc, you physically transfer that disc to the new owner. If it is a digital license (like a Steam game) then you remove it from account A and add it to account B. It's really no different than selling cards or other items on the Steam marketplace today. Double-entry bookkeeping, basically.

4 years ago
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I agree with @stlpaul on this one. You can remove your license (CD-key) from Steam. If after removal, the key is filtered so another user can activate it, then it's easy to re-sell. I don't get how people cannot see that being possible and say things like, you can only sell accounts and etc.

4 years ago
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Nothing to do with the government. It was a decision of a tribunal. Read the article.

4 years ago
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This will be fun, I hope it's EU wide...

4 years ago
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I guess that it will go to European courts first, then it might be EU wide since there's a digital single market.

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decisions here were mainly based on eu rules :-)

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I honestly doubt that the courts looked beyond the "You own this, so you can resell it" aspect of things.

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As you know being french, UFC que choisir are not idiots. They actually know what they are talking about.
Also the very last sentence of the article literally says that Valve will probably have to integrate a licence transfer system.

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Essentially they before found that you can resell commercial software. Because why not?

And in logical conclusion they deemed that games are software...

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Thanks France for that i love my countrie

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En conclusion, tu as désormais le droit de le faire mais aucun moyen pour le faire.

La décision de justice n'impose pas seulement la suppression de la clause. Valve devra aussi remédier au blocage de la revente donc ils vont devoir prévoir la possibilité de revente.

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Valve can allow converting games in your library into inventory gifts which could then be sold on the Steam marketplace. Valve and the publisher could still take a cut from this transaction like is done now with other inventory items sold on the market.

4 years ago
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This sounds the most logical.

4 years ago
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I think that's the most likely to happen and let's be honest, that would be the best solution for everybody.
The law doesn't say they can't take a cut from the resale. Just that they need to allow for the possibility.

4 years ago
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that's actually a simple and elegant solution to this mess, just turn a game in library back to a gift in inventory, and then you can do whatever you want with it (sell it onto the marketplace, trade it, gift it, or even turn it into gems).

Knowing Valve they would opt for charging a fee for converting into a gift.

4 years ago
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(IANAL) As they say in the article, "Ă©puisement du droit" means that the product is yours and that the author of the product doesn't have any control with future resellings. Taking a cut from the transaction would mean they still have control, so I don't think it would work (IANAL)

4 years ago
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oof... this sounds very complicated.

4 years ago
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Maybe this could knock on to refunds and physical gift copies then right?

4 years ago
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People(2018): Games cost too much to make, 60€ isnt enough
Also people(2019):

4 years ago
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People(2019):Devs are starving on le evil Steam and it's evil 30% cut,move to Epic if you support em!
Also people(20xx-20xx):

4 years ago
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Implement that worldwide and it's bye bye all smaller developers

4 years ago
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Why would it be?

Small developers got on just fine before Steam even existed. Back when we had to buy physical discs that we could later sell....

4 years ago
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Small developers got on just fine before Steam even existed.

Are we living on the same planet? Nothing could be further from the truth. Steam more or less catapulted indie games into the limelight

Back when we had to buy physical discs that we could later sell....

And what "indie games" did you ever buy on disc? I've been PC gaming since the 90's, and I can't recall any .... I have dozens of old games on disc around my house, and not a one could qualify as "indie."

4 years ago
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What do you qualify as indie then? I think of it as a smaller game studio, but I've heard others calling it an entire genre which I never quite understood so perhaps that is some of the disconnect on my part.

4 years ago
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https://en.wikipedia.org/wiki/Indie_game_development

I follow the commonly accepted definition.

4 years ago
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So like Bioware in 1998? Maxis in 1989? Because that is what I assumed already.

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I still have the original packaging, maps and everything for Baldur's Gate. Hell I bet I can sell it for more than I paid for it xD

4 years ago
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As do I (for all the Baldur's Gate and Icewind Dale games), including the metal cases and figurines from the collector's editions.

4 years ago
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Nice, bet they are all worth a lot now! =)

4 years ago
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indie game development, is the video game development process of creating indie games; these are video games, commonly created by individual or small teams of video game developers and usually without significant financial support of a video game publisher or other outside source.

Bioware's first titles were published by Interplay. If you're referring to SimCity, that was developed by Maxis, but published by Broderbund.

Their first game, Shattered Steel, began its life as a proof-of-concept demo, similar to the MechWarrior games. This demo was submitted to ten publishers, seven of whom returned to the company with an offer. A publishing deal for Shattered Steel was eventually signed with Interplay Entertainment.

https://en.wikipedia.org/wiki/BioWare

SimCity was independently developed by Will Wright beginning in 1985, and would not see its first release until 1989.[2][3] Because the game lacked any of the arcade or action elements that dominated the video game market in the 1980s, video game publishers declined to release the title in fear of its commercial failure, until Brøderbund eventually agreed to distribute it.

https://en.wikipedia.org/wiki/SimCity_(1989_video_game)

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Are we talking about publishers or dev studios, or both? Maxis and Bioware were indie game studios of their day.

But if you are holding them to the standard of today, with internet broadband much more accessible to everyone and consequentially digital distribution only, then it would not have been possible to even have an indie game studio in the 90s by that metric.

So perhaps it is just an impasse, no worries my dude. Have a good one =)

4 years ago
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then it would not have been possible to even have an indie game studio in the 90s by that metric.

Yeah, that's kinda the point I was making ...
(For clarification: Steam and digital distribution in general made it possible for indie developers to self-publish and be successful).

You have a good one as well. :P

4 years ago
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I have to echo this Tzaar here.

Back when Steam was new, there was a member of Lionhead Studios (Black & White, etc) who was making a fun little physics-battler game called Ragdoll Kung-Fu. When they announced on their own little forum that they would be selling it via Steam, we were all pretty hype. The idea that a 'nobody' project was being sold in conjunction with anything remotely high visibility (Valve) was kind of a unique thing, and we didn't really anticipate that many other games would be joining it. It felt like the project was 'adopted' :P

At the same time, other indie games didn't have a big customer base. You had to first discover them by total happenstance, and then download them from their own standalone sites and just hope they didn't have some malware of some kind attached to them. The typical model was like an alternate take of the old shareware approach, where you would be able to play a small slice of the game but to get access to all the content and levels, you'd have to buy a license from the games creator on their own page. It was a risk, given the low support and no budget often meant lower quality, and you had no reliable way of gauging its worth. Back then, titles like "Hammerfight" was a rare case of higher quality in the indie scene, but without proper backing and awareness, it didn't do remotely as well as even a half-ass indie title does today.

I mean, can you name ten indie titles or games from upstart / small developers prior to Steam, that were considered successful in terms of returns and not just game quality? Even Ragdoll Kung-Fu, as one of the first non-Valve titles to launch exclusively on the new platform, had limited success despite the transfer of awareness from being Lionhead-adjacent and riding the wave of unique physics-based stuff. Back in the days we had physical discs, you also had to go browsing in stores, and your capacity to sell and trade was limited to people you knew, or far less expansive and well-organised sites that we have today. I'm almost certain that indie / smalltime developers were almost totally unheard of back then due to the prohibitive cost of printing and dispatching physical discs.

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(continued, but more tangental rambling rather than totally relevent)
Consider how quickly people learned to turn the old steam marketplace/inventory system into a method of turning profits that were nothing to scoff at. Big companies are better able to adjust for fluctuations in profit caused by market changes, but without a form of patronage the small indies will simply not be able to reliably compete at a level where making games gives them any meaningful returns, and would be lucky to simply cover the costs and their time. Indie development would return to being little more than a hobby effort alongside primary employment elsewhere. I mean, sure, indies won't vanish, but if such a market-changing decision is implemented badly, they may be reduced to low effort mobile-style titles and clicker-like games. Well, that, or the wait times for meaningful patches or updates will be so humongous that you would be paying for vapourware by default. Heh, now I'm thinking of Cubeworld, which may be a fringe example, but is finally coming to Steam after its last actual patch was 23-07-2013, due to having one coder with a job. :P

I imagine bundling will especially drop in quality, becoming largely made up of lowest quality games that expect no joy in direct sales. Few businesses would be willing to allow bundling if it becomes an essential declaration of sales-suicide, given the grey market and mass key-reselling going on. And I mean, the current degree of quality in games that are considered to have good production values? They have massive budgets and have to severely abuse their staff in 'crunch' periods just to get something out the door. If the market changes enough in terms of expected returns, it feels like a forgone conclusion that their end target will have lower production values and less time investment. That, or they will devise new ways of preserving their game that will no doubt frustrate at best, or be a fresh wave of added draconian DRM at worst.

4 years ago
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I agree and disagree, but some of it might be my interpretation of things. I'm not sure what people are defining as indie anymore I suppose. I remember playing Simcity on the Commodore 64, when it was written by 1 person by a small 'indie' studio called Maxis, and I also remember when a nothing studio called Bioware came out with Baldur's Gate in the 90s to a very small and niche audience. I mean SSI had already gone defunct. Times change. What was indie then I wouldn't call indie now.

In the end all we can do is speculate but I can only see this as a net positive for the consumer and also perhaps the developers. People who worry about the quality of bundles are probably the least of any indie developer's concern, because those people rarely ever pay full price on their games anyway.

I still don't think this will hurt indie devs as much as people are worried about, if it would hurt them at all. But who knows? I could be wrong. =)

Have a good one and thanks for some great points. =)

4 years ago
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Perhaps a platform like Robot Cache will be able to provide a refuge for Indie game makers - it's currently in early access. Their scenario for game reselling seems to make sense and might even be fair and beneficial to both customers and publishers.

4 years ago
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I don't understand why people are against this. Anyone that has ever owned a console already had these kind of rights of ownership.

I sold all my old xbox games, and with the money bought more games. If anything this will drive Kinguin and G2A out of business, but who cares about them.

4 years ago
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And I don't really see that much difference for indie games. Bundles, trading and grey market is already there...

Also I think majority of gamers don't really care enough to sell their games at least for prices they end up at.

4 years ago
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Speaking for myself, there are very few games I would sell, because I like having access to many games.

Actually owning those games? That would be even better.

4 years ago
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Except that bundling is to each individual dev, an equivalent of selling a copy at a steep sale. Current (legit) bundling chalks you one sale for one interested party, and you have a direct say in where you sell and an understanding of its period of availability at that rate. With total resale rights, each individual sale is likely significantly more than a single interested party removed, but still at one severe discount sales price. The effect this will have on bundles is that their quality will go down, as publishers/developers protect their properties from being even further devalued, whereas games that have very little interest or worth will be thrown into bundles in what amounts to an act of 'sales suicide', becoming almost totally worthless afterwards.

Consider how big the average steam users backlog is. Even if they could only get $0.20 per unplayed and unwanted bundled title, and $2 per 'somewhat desired' title, if there existed a system for easy listing and transferral of license, you know that there would be an immediate rush to cash out so that they can apply said funds on something they actually immediately want. Without proper considerations and protections in place, there would be a market crash of sorts, which wouldn't just be bad for devs, but it is more than likely going to reflect in the effort they are willing to expend in making games and how little they would be willing to allow in discounts. The market crash would ultimately devalue the concept of selling on our games because they would quickly end up like the $0.01 profit margins of selling common trading cards, leaving only the big-name titles.

A bigger concern would be how the current practices of dubious grey-market sorts, vanishing licenses and chargebacks would instead then be directed at other end-users and not just the developers / marketplace sellers. Once there is money in the mix and people learn to loophole and abuse it, selling on could become something of a minefield. General purpose trading would likely operate as intended, but it only takes a single unlucky incident to land you with a lot of pointless hassle.

4 years ago
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Fair point but that is the same way it is with console game. Some games I tried to sell they literally offered me .01 or .05 cents, and I opted to keep them for some future yard sale or something but at least I had the choice.

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Yes, and i had to buy my games through amazon because new copies rarely went on a decent sale. From my PS3 collection only 3 pre orders actually went to the publisher.
I suspect this would create a huge shift on the game industry. Cutting costs, pushing stream service, removing sp campaigns over online experience and more season passes

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We used to be able to resell our PC games, but somewhere along the line we gave up our rights of ownership. What exactly was the trade off?
I'm not going to speculate about the panic at the next EA shareholder meeting. They make enough money, and the entire industry has become corrupted by greed. How many games anymore do not have any DLC or micro-transactions? And we don't even own these games...

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Convenient digital downloads and not needing a place to store all those discs was the trade-off.

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Sure it is convenient right until Valve shuts down, has service interruptions, has your account hacked etc.

You make a fair point but I'd rather have a stack of discs tbh.

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If anything this will drive Kinguin and G2A out of business

I think it's actually going to make them stronger. People are going to sell their licenses there just like they're selling keys.

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Yea but it wont be on G2A or Kinguin, so I doubt they will benefit from this.

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What makes you think that? If they end up making it so people can trade/sell their licenses and they don't limit that to their steam marketplace I think it's only reasonable to assume that G2A and Kinguin the two most popular websites for game resale are going to be used for selling licenses as well.

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I don't see how Valve would make that possible, but who knows.
My guess is that the only way you'd be able to resell your Steam game would be through Steam, but if not we might see 3rd party marketplaces (maybe some stupid deal with Gamestop). I really don't see how G2A etc comes into play in this scenario at all, unless Valve allows us to simply transfer games to our inventory and out again- which I doubt would happen because of the potential for abuse and misuse.

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My assumption is that if they make it closed market EU might take an issue with that again.

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Do tell me about all those digital Xbox games you resold.

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Where did I say they were digital? I didn't so what is your point?

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Consoles are same as PC. You can't resell your digital copies.

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And you can resell your physical copies, which is what I did.

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meh horrible idea in all honesty people keep poking the bear and watch as gaming as a service really crops up. This is why PC gamers are being treated like Peasants more and more.. soon PC gaming won't even exist because of garbage like this..

Stuff like this will cause companies to Rent you game licenses, you can rent game license for X amount of dollars for Y amount of time..

Will kill bundle sites and bundle game sales.. Will KILL indie developers who already have it tough enough trying to turn a consistent profit getting screwed ever harder as now people can just trade around their games willy nilly..

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Or they will sold time limited licenses. Like now you can buy autocad or photoshop for one year.

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Would be really cool to have that fearure, but I don't think that this is ever going to happen, technically we don't own the games and everybody should know that. Valve will probably find legal ways to prevent license transfers between users, but who knows.

4 years ago*
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I don't know how I feel about that ruling. It would increase the amount of trading and also reselling of games on sites like G2A and it would hurt incomes of both valve and developers. And I don't even want to start thinking what would Valve and developers try to pull off in order to make up for that loss in revenue.

4 years ago
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They'll probably implement a resell feature on their platform and make money off it like they do with cards. There's no reason for them not to generate revenue out of it.

4 years ago
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I just don't see them implementing anything like that.. at best they'll only allow people from France to do it, and create a brand new regional system that will be so restrictive it'll harm the people the politicians are claiming to want to help..

I can't even begin to think how this is even possible considering the EULA we all agree too says we don't own the games...

4 years ago
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It is possible because EULA are not binding in the EU if they contradict the law (IANAL).

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My assumption is that if they make it closed market EU might take an issue with that again.

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I'm not a lawyer but as long as they provide the possibility of resale, even if only on their own platform, that would make them square. Now about other laws they might be trampling, that's another issue for another lawsuit lol

Also the EU has nothing to do with anything here. It was a private lawsuit. A French tribunal, on the basis of French law, which is backed up by EU consumer law, rendered a verdict. So unless someone else sues them, and they're found to have cause by the relevant court, Valve will be fine.

4 years ago
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Valve has always (or at least for a long time) called their service "a Subscription". Once you've paid for a title you can play it as much as you like, but you still don't own shit and most certainly can't sell it anymore than you could sell a car rental. So I would be very surprised if the French court (or any court) could make them provide games that could be resold. They will probably appeal and will win in the end. If not, they could always just change their platform to a full subscription/rental service like, XBox pass, Uplay+ etc. Personally I wouldn't like that at all, there's too much rental services already. I fear, court rulings like those will just backfire on customers in the end.

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4 years ago
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They can call it what they want but it's not a subscription. You pay per game, not per month or year. So it's a sale.

4 years ago
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I think his point is that you don't really "own" games on Steam, like in the GOG sense you can't download an offline installer that you own forever and not tied to some form of DRM. So if Valve closes shop tomorrow you entire library disappears with it... In a sense, it is a subscription.

https://fckdrm.com/

4 years ago
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I get what he meant, and this might be the next thing Valve gets sued over because we pay per game so it's not a subscription. The fact we accept to pay for games that could be taken away from us is one thing but that doesn't make it a subscription in the legal sense.
So my point was unless they redefine their terms to make it legal, it doesn't matter what they call it. The Tribunal saw it as sale.

4 years ago
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"if Valve closes shop tomorrow you entire library disappears with it" :
Not sure that's entirely correct though - offline mode allows the vast majority of games to still run. Granted - you'd lose the ability to dl or re-install "licensed" games.

4 years ago
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It shouldn't matter that you pay per game and not per month or year. They call it a subscription, because they only grant you the right to play and you don't really own a thing. Perhaps they should have called it a rental instead. Like those movie rentals back then, where you would pay a few bucks for renting a DVD - you also paid per disc and not per month/year. Still it was clear that you couldn't have sold those DVDs because you didn't own them.
And again, the whole thing might backfire, when they decide they just turn the whole thing into a full subscription with a monthly fee, because it's not worth the trouble arguing.

4 years ago
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It shouldn't matter that you pay per game and not per month or year. They call it a subscription, because they only grant you the right to play and you don't really own a thing.

Again, I'm not a lawyer so I'm arguing semantics here but since in most cases you pay full price (ie. the same price you would pay for the game in a physical form), it rules out the "on demand" form of the subscription argument. The law tends to distinguish what it's called from what it is and obviously two courts found it was a sale. So whatever happens, Valve will need to redefine their terms of use to make that part either more clear or more in compliance with the law and the verdict.

And again, the whole thing might backfire, when they decide they just turn the whole thing into a full subscription with a monthly fee, because it's not worth the trouble arguing.

Nah. They have lawyers that are paid to argue. They're not going to change their whole system because their terms of use were not clear enough.

4 years ago
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It would probably be easier for them to just pull out of France or make it against the rules to use steam from France then deal with this BS?

4 years ago
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Yeah they're going to pull out of France and all of Europe because they prefer countries that don't make them apply pesky laws.

4 years ago
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reiterating this nested reply I think worthy of mentioned separately too

"What it might mean is that Valve could be forced to allow the sale of accounts, but I fail to see how someone would actually be able to resell a single title."

That's my conclusion from it + bonus heading text as people are likely to overlook whats probably the most accurate take so far in pursuit of the less realistic (though far more interesting) hypotheticals.

It's about the right to compel another party to do something when looking back from either side. Valve can't compel you not to sell your own games without inhibiting your basic rights of resale. Realistically though, there's no meaningful way sell those licences outside of selling your whole account, so it seems that's likely the only directly meaningful change.

This newly announced inability to contractually prohibit you from selling your licences is NOT the same as compelling Valve to make whatever means available by which you could sell off your library piecemeal.

4 years ago*
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More detailed articles are coming out now and A LOT of the court's other findings are rather interesting as well. Might have even more meaningful consequences

.

In its original suit, the organization had also taken aim at the fact that, if a user leaves Steam, Valve would keep whatever currency was left in their Steam Wallet. The recent ruling states that the company will instead have to reimburse users who request it. Valve must now also accept responsibility when users say an item on Steam caused them harm, even if it’s in beta. Valve’s rights to users’ mods and community content will also be diminished, and the company will have to clarify the conditions under which users can lose access to Steam for poor behavior.

,

The part about accepting responsibility for harm is a BIG WIN considering Steam does fuck all due-dillegence these days. Its only a matter of time before someone gets something worse than cryptomining from one of its bajillion untested assetflips they're selling and they just shrugs with "whoops but not our responsibility""

And a general fuck yeah for workshop creator ownership because those broad social media "we own everything you post" provisions have always been despicable bullshit.

.
For anyone interested in a first-hand accounting, the original site linked in the OP has the full English translation of the court documents--but I'm desperately fighting avoid to not get THAT distracted for now. Must... resist.....

4 years ago*
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Would that mean that I could potentially buy/sell any GoG game copy for any number of times?
(but piracy is still a thing anyway so that kinda defeats the purpose)

Oh boi, having rare delisted games might give you big bucks too

4 years ago*
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This is just the beginning. In a few months France will force Valve to sell wine and cheese along with videogames.

4 years ago
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If this is implemented I think discounts will go away

4 years ago
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They probably won't allow Valve to block inter-regional resell either.

So, goodbye to regional pricing too.

4 years ago
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When you first set up your account for Steam there is a popup window stating their TOS that they require you to read before agreeing to join. Of course no one does this but I don't see how a country can tell a company to change how they do things when they stated from the beginning how it works. People in France have the choice to not to accept it just like everyone else in the world does. This is as bad as someone coming into your home and trying to establish rules when they don't even live there. Get out of Valve's home if you don't like it. I can't legally resell digital music I purchased from iTunes. This is no different.

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thats pretty much why this is so huge tho. if steam loses this case, it means itunes will end up battling down a road as well which could lead to them allowing you to sell the music you bought as if its physical copy. this kinda law suit is world changing

4 years ago
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Unlike iTunes Valve is privately owned and isn't on the stock market. They're going to have a hard time enforcing this. Valve can just block sales in France all together if they wanted to.

This also takes away money from the game developers because instead of someone buying a game they can just get it from a friend instead. I seriously doubt that many game companies would tolerate that for very long. I don't want to purchase games from hundreds of different sources and I doubt there are others that do either. Doing this would kill Steam and Origin and the like.

4 years ago
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they wouldnt ban france from sales lol. they would lose too much money. france is literally smaller then the size of Texas. yet it had 70 million population. that is insane. way too many people to throw out of their market

4 years ago
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4 years ago
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I hope more countries follow suit.
The anti-consumer, anti-trust, monopolies, and other such criminal offenses from digital distributors need to be addressed and handled.

Oh, companies hate HATE resell and competition, they will do anything to be the only one selling a specific product.
They try so hard to do this, that they purposely build faults into their products and/or design their product to break in an extremely short period of time.

It will be zero surprise to me if steam 100% geoblocks France, and also prevent users with a French address/or bank from purchasing in the store.

Maybe a few French old steam users, willing to transfer to me 007 games and Neverwinter Nights 2 (complete?) for a price.
A guy can dream right?

4 years ago
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inb4 the amount of steamgifts giveaways quadruple as people are trading their unwanted steam library games cuz they dont want them anymore and will be able to trade them lol.

its going to be wild when that happens

4 years ago
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It would be pretty interesting indeed (also it would mean revamping of levels, removing cv, possibly leading to widespread win-to-sell situations, etc)

4 years ago
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i mean its still a rule you have to use wins on your own account or you get banned. so i mean there def wont be any win to sell situations. but i would say CV can stay, and instead you just dont get CV for giving away a game you won on SG so you cant abuse cv or else against the rules to give away a game you won ever... we have SGtools site to tell us if someones missing a game on their account that they won on the site. so they would still get banned for sure

4 years ago
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It would be a bit weird to have SG rules against Steam's rules, it's just that :)

4 years ago
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sg's rules are already against steam rules lol. so seems fine

4 years ago
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Closed 4 years ago by khayolin.