There are no legal issues.
Read the contractual agreement that you have to agree to in order to play
the game.
The laws concerning digital media are quite clearly defined.
If you went on holiday for 2 weeks you wouldnt expect to come back and be
able to sell it to someone else would you.
the problem with issues such as this is that a lot of the general public
fail to comprehend what they are actually buying.
It is not the same as purchasing a comouter or something.
To clarify, when you setup the steam you are paying for the rights to
license the game for you to play, you are not paying for the actual media,
valve make this very clear, in fact they give you the option to download for
free.
rex
> Thanks for that - I had checked 'settings' but missed that checkbox!
>
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>
> Nigel
Peter Webb - 28 Dec 2004 11:44 GMT
> There are no legal issues.
> Read the contractual agreement that you have to agree to in order to play
> the game.
> The laws concerning digital media are quite clearly defined.
*cough* in which jurisdiction?
> If you went on holiday for 2 weeks you wouldnt expect to come back and be
> able to sell it to someone else would you.
[quoted text clipped - 6 lines]
> for
> free.
I am sure the OP and everybody else understands the difference between
purchasing the media and purchasing the right to use the software.
As you state the laws concerning digital media are well defined, could you
please clarify:
* What jurisdictions are you talking about?
* What is the current status of licence agreements that can only be read
AFTER purchase, in these jurisdictions?
* What test cases have demonstrated that it is possible to sell a
non-transferable licence to use, and in this cases, what is the actual
ownership of the licence if the purchaser cannot on-sell?
* What is the jurisdiction of the licence agreement for purchasers outside
of the US? Whos laws would apply? Is the retailer/distributor a party to the
agreement under an implied or explicit agency arrangement?
I was surprised that you said that the laws were clearly defined. I would
have thought that the legal status of what Steam/Valve are doing would be
somewhat dubious at best, at least in many countries.
But seeing as you are an expert, perhaps you could answer the questions
above for me - I would love to know.
TIA
Peter Webb
Nigel Heather - 28 Dec 2004 23:33 GMT
Rex,
I understand what you are saying but ....
(i) I believe that it is a requirement that terms and conditions are made
clear before the financial transaction is completed. If they are
subsequently presented and the buyer does not agree with them then the buyer
can nulify the contract and receive full refund. I do not beleive that
Valve are meeting this requirement.
This is handled by professional companies by enclosing the media in a sealed
envelope with a clear presentation of the T&Cs. So long as the customer
does not break the seal then the customer can return the product to the
retailer for full refund.
(ii) I also believe that under the terms of the Data Protection Act I can
ask that data records held about me are removed. If the company cannot
demonstrate any strong reason why they should not then he must comply with
the request. Beacuse Valve refuses to delete accounts I do not think they
are in compliance with the Data Protection act.
(iii) I understand fully the difference between licence and media but the
majority of software has transferrable licences - Valve are treating
software as consumable (as in your holiday analogy) which is a different
approach to most companies and therefore, they should make this point very
clear at the point of sale.
Anyway, just a point of interest ... as I said earlier I'm not going to
pursue it for the sake of a ?27 game but I might think twice about buying
from them again.
Cheers,
Nigel
bowgus - 29 Dec 2004 14:24 GMT
Close your account, then sell HL2 ... the buyer will be required to set up a
new account. I've already moved my copy across a coupla PCs ... I started
through the game a second time but it was just not fun ... it's just not a
game I'm gonna play more than once.
Nigel Heather - 29 Dec 2004 17:22 GMT
Bowgus,
How can you close the account. I can't see any option to do this and the
Steam FAQ says you can't, only disable it (although I can't find this option
either). But if the account is disabled the key still stays with the
account and therefore, the key cannot be used with another account.
Therefore, I thought my only option would be pass my account onto the buyer
when I sell it.
I'm really enjoying the game but I'm not into online stuff so once I have
finished the stand-alone game (which doesn't look far off) I will be looking
to sell it or at the least pass it on to a friend.
So if there is a way of closing an account and releasing the key I would be
very interested.
Cheers,
Nigel
bowgus - 29 Dec 2004 20:16 GMT
Oops ... apologies, you are correct ... a steam account name is (currently)
cast in concrete. As you said, you would provide the buyer the account
name/password/HL2 c/w key and the buyer would then take control of that
account (name). That is essentially what I've been doing to move HL2 across
PCs here so different people can play it on their own PCs.
> Bowgus,
>
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>
> Nigel
rex - 30 Dec 2004 12:13 GMT
> Rex,
>
[quoted text clipped - 5 lines]
> can nulify the contract and receive full refund. I do not beleive that
> Valve are meeting this requirement.
A very valid point
> This is handled by professional companies by enclosing the media in a sealed
> envelope with a clear presentation of the T&Cs. So long as the customer
[quoted text clipped - 6 lines]
> the request. Beacuse Valve refuses to delete accounts I do not think they
> are in compliance with the Data Protection act.
Again this makes sense
> (iii) I understand fully the difference between licence and media but the
> majority of software has transferrable licences - Valve are treating
[quoted text clipped - 9 lines]
>
> Nigel
you make some good points N.
rex