EU court rules it's legal to sell digital software licenses

by Stephen Heller Featured 11 Comments 34 Votes 2816 Views 04/07/2012 Back to News

Interesting outcome from a recent inquiry in the EU, with the Court of Justice of the European Union declaring that buying and reselling any form of digital software is perfectly legal.

The official court finding is that "the exclusive right of distribution of a copy of a computer program covered by such a licence is exhausted on its first sale."

The new ruling applies to any customers residing in European Union member states, and applies to all purchases made through digital platform holders such as Steam or Origin.

The law states that the initial purchaser of the game license can sell it to someone else, allowing the mto download it directly from the publisher's website. Easier said than done at this stage considering Steam and Origin offer no means to sell your game licences to someone else.

It's not just games that the law covers, it includes all kinds of software including Windows, Adobe Creative Suite, anything with a licence key that can be bought digitally.

There is no word from digital platform holders as to whether they will allow users to sell their purchased goods.

By Stephen Heller - Bio

Link to us http://wii.mmgn.com/News/EU-court-rules-that-it-is-legal-to-sell
Tags: games legal Origin sell Steam To trade
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EU court rules it's legal to sell digital software licenses Comments

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Total game changer [MOG]
Nice! That means hopefully when you get sick of a game you can sell to a friend cheaper.. I like this very much [Derp]
lol ea are probably thinking "wtf" we wanted to go all digital "this is an outrage" boohoo :)

yeah hopefully steam, origin etc don't get around such a ruling by allowing you to sale the game back to them for 1 cent like greenman gaming set a certain trade-in value for it. hopefully this judgement means you can sell to whoever is willing to pay the market value for 'used' goods if the judgement holds up in europe.

though I wonder if such a thing would trickle down here because steam already charges us a lot more on certain games due to our region.


Ben said: Total game changer



appropriate use but anyone else over that sentence. lol
a top tier class action law suit should settle this one and for all.

argument
1 - we bought something (digital or not)
2 - we own the rights to something we bought
3 - we own the rights to resell item bought

I think the terms and conditions won't really hold against it no matter what the corp lawyers spin it up to be. Like no matter what EULA MS did for windows, they were still forced to take out Media Player or Internet Explorer from Windows

A progressive society should really set the precedence for this, I will join a class action law suit like this any day.

This is great news.

It certainly gives a person control over the product, makes it more "tangible", even if it is digital.
I think this is bad news. Preowned sales, or as this will be - legal file sharing/trading, is just going to hike up the RRP.
Id be happy to just have the 5 consoles back for ps3 game sharing
EA will most likely rage with an onslaught of overpriced DLC. Perhaps throw in a few Katy Perry inspired expansions :'(
Great news. They will come up with new ways to gouge money from us though.

Jakerz said: EA will most likely rage with an onslaught of overpriced DLC. Perhaps throw in a few Katy Perry inspired expansions



Battlefield 3: California Guns. [MOG]
Even though this new law sounds like things are going a favorable way, it will be difficult to actually sell a 'digital' game. And Game producers will try everything to always be one step ahead.

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