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Freyar · **09-11-2010, 12:46 AM**

So... the US Federal Appeals court decided to overturn a ruling stating that the First Sale Doctrine doesn't apply to licensed software.

This scares me, seriously. This has got to be having EA, the RIAA, and MPAA jumping with glee.

http://www.wired.com/threatlevel/2010/0 ... -doctrine

Tadir · **09-11-2010, 01:28 AM**

Honestly, this is one of the most ridiculous articles I've read in a long time. If a court actually invites the supreme court to review their decision, it's time to reevaluate.

Jakky · **09-11-2010, 02:59 AM**

Wow. That is absolutely rediculous. But let me get it straight; you won't be able to sell or buy games second hand anymore?

The article also mentions the possibility of book publishers using this law... Now that is terrifying. Limiting access to literature is a crime against humanity.

Tagyr · **09-11-2010, 03:17 AM**

Wow, this is silly. Gamestop (EB games here) is gonna be scared as their biggest profit is preowned software. On top of the other ramifications of giving EA more power in that regard, who I have never had a high opinion of for a long time since the introduction of DRM.

Freyar · **09-11-2010, 04:01 AM**

This is certainly a rattling result. Yes, books can potentially be held by this standard of the current Copyright laws. Seeing as how the US Congress is in bed with the RIAA and MPAA, I certainly doubt they'll be willing to really change anything. Hell, they're dragging their heels with net neutrality.

Vareal · **09-11-2010, 04:08 AM**

I wonder if this will eventually trickle down to hardware. Nevertheless, it won't stop people from selling these things, they'll just find a different venue in which to do so. Who's gunna stop you from selling your copy of of a video game or computer software to your friend for $20?

Freyar · **09-11-2010, 04:59 AM**

vareal Wrote:I wonder if this will eventually trickle down to hardware.

Hardware is a physical good, thus subject to first sale doctrine.

Quote:Nevertheless, it won't stop people from selling these things, they'll just find a different venue in which to do so. Who's gunna stop you from selling your copy of of a video game or computer software to your friend for $20?

DRM. EA's already pushing "Project Ten-Dollar", and THQ[?] upped theirs from $5 to $10 as well.

Tadir · **09-11-2010, 09:03 AM**

This is really going to push a lot more people to software piracy. Just watch.

Satrina · **09-11-2010, 09:25 AM**

Man this is bad news for Gamestop. Which I honestly don't feel sorry for, as they make a huge profit off the work of the game developers. Since developers only see the cash from the first sale and that's it, there's nothing like the movie industry and theater sales --> DVD sales.

If they do stop Gamestop from reselling games, I expect the prices to drop on games or i'll be pissed.

Nbokkri · **09-11-2010, 01:45 PM**

...?

Anyone who has written software already knew this. It's why companies can ban you from a game you buy or pull a license if you use their software for purposes they don't agree with. You on the other hand have the ability to modify the software all you want as long as it is to get it to work with your system and you don't distribute it (or distribute under the guidelines in the EULA). Really, that article says nothing new.

Nbokkri · **09-11-2010, 01:48 PM**

Actually, while we're on this topic. You don't have a right to free speech in a game. The first amendment protects your freedom of speech from being abridged by the federal government. That's another common misconception.

Alvaruz · **09-11-2010, 04:43 PM**

Satrina Wrote:Man this is bad news for Gamestop. Which I honestly don't feel sorry for, as they make a huge profit off the work of the game developers. Since developers only see the cash from the first sale and that's it, there's nothing like the movie industry and theater sales --> DVD sales.

If they do stop Gamestop from reselling games, I expect the prices to drop on games or i'll be pissed.

In fact, price will go up...

Why? New games had to compete against the resell competition. Now if there's no resell, there's no competition, without competition, companies normally up their prices, because the customers are... Well have no choice...

Competition is at the base of the liberalism/capitalism system to protect the customers...

Freyar · **09-11-2010, 06:35 PM**

Nupopo Wrote:Anyone who has written software already knew this. It's why companies can ban you from a game you buy or pull a license if you use their software for purposes they don't agree with.

However it wasn't really affirmed by the courts till now. EULAs exist, but many have unenforceable parts.

Quote:In fact, price will go up...

Why? New games had to compete against the resell competition. Now if there's no resell, there's no competition, without competition, companies normally up their prices, because the customers are... Well have no choice...

Gamestop will manage to strongarm their way into being the sole used-game reseller somehow. They still sell a LOT of new titles too.

Rikitiki · **09-11-2010, 07:55 PM**

Tadir Wrote:This is really going to push a lot more people to software piracy. Just watch.

"The more you tighten your grip, Tarkin, the more star systems will slip through your fingers."

Freyar · **09-11-2010, 08:00 PM**

Rikitiki Wrote:
Tadir Wrote:This is really going to push a lot more people to software piracy. Just watch.

"The more you tighten your grip, Tarkin, the more star systems will slip through your fingers."

You may fire when ready[link].

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US Federal Appeals: "No 1st Sale Doctrine for Software"

RPC has moved! These pages have been kept for historical purposes