Software you buy is NOT yours. First sale doctrine.

[Meresgi]

http://www.wired.com/threatlevel/201...sale-doctrine/

A federal appeals court said Friday that software makers can use shrink-wrap and click-wrap licenses to forbid the transfer or resale of their wares, an apparent gutting of the so-called first-sale doctrine.

The first-sale doctrine is an affirmative defense to copyright infringement that allows legitimate owners of copies of copyrighted works to resell those copies. That defense, the court said, is “unavailable to those who are only licensed to use their copies of copyrighted works.” (.pdf)

The 3-0 decision by the 9th U.S. Circuit Court of Appeal, if it stands, means copyright owners may prohibit the resale of their wares by inserting clauses in their sales agreements.

Wondering how this will effect Gamestop and their resell strategy. If i'm reading the article right, which I might not be, it seems that reselling games will not be allowed if the game maker says so.

I can understand the reasoning behind this for software like AutoCad, Maya and such, but the article says currently it could carry over into any form of media even books.

[OzzofAsura]

I think this might impact used game sales (for Gamestop) pretty drastically. But then again, no big loss. Oh no, I won't be able to buy a used game for two dollars off. The only time I'll ever accept a used copy is when they have no new ones and it's a game I'm not crazy about. Everyone will still sell used online, so Gamestop can go to Hell.

[Priran]

Stuff like this makes me feel bad for people who don't know how to pirate games

[Corrderio]

Since I buy my games new anyway, doesn't bother me too much.

Although I got to admit this seems like a stupid concept.

[Zeb]

Would this fuck up Gamefly?

[BadKarma]

Would this fuck up Gamefly?

That would be a loophole. Since gamefly's main source of profit isn't from purchases, and they aren't reselling products I doubt it.

[GRT]

i guess i shouldn't be surprised everyone here first thinks of gamestop etc, game discussion section and all, but this has such far-reaching implications more than old game resales

[Insanecyclone]

I buy used games if the normal price of it is still $60. Cheaper way to do with w/ the Edge card for a discount.

[Kuya]

If i can't re-sell the software i buy, doesn't that mean that it's not really mine?

[OzzofAsura]

i guess i shouldn't be surprised everyone here first thinks of gamestop etc, game discussion section and all, but this has such far-reaching implications more than old game resales

Such as?

[Darus Grey]

If i can't re-sell the software i buy, doesn't that mean that it's not really mine?

Since you can't own it...you can't steal it either.

Pirating justified at last.

[Metah]

Since you can't own it...you can't steal it either.

Pirating justified at last.

Nice try

[Meresgi]

Since you can't own it...you can't steal it either.

Pirating justified at last.

Oh you wish the RIAA followed any form of logic!

i guess i shouldn't be surprised everyone here first thinks of gamestop etc, game discussion section and all, but this has such far-reaching implications more than old game resales

Yeah the article hits on the ability for authors to do this as well, disallowing the resale of books (which I don't think is a huge market really, not like they can police garage sales).

The only thing that would make be sad about gamestop getting fucked over is I wont be able to just cruise down and check out their used PS2 games. I'm kind of pissed they got rid of their PS1 stash though, I remember a few years ago being able to rummage through PS1, N64 and even SNES games.

[Corrderio]

Oh you wish the RIAA followed any form of logic!



Yeah the article hits on the ability for authors to do this as well, disallowing the resale of books (which I don't think is a huge market really, not like they can police garage sales).

The only thing that would make be sad about gamestop getting fucked over is I wont be able to just cruise down and check out their used PS2 games. I'm kind of pissed they got rid of their PS1 stash though, I remember a few years ago being able to rummage through PS1, N64 and even SNES games.

I miss those days to, but since most GameStops are pretty small it's not really surprising. At least there's a used CD shop I go to that sells used games/consoles all the way back to the 8 bit era. However hard telling what works and what doesn't.

[TacoTaru]

Yeah the article hits on the ability for authors to do this as well, disallowing the resale of books (which I don't think is a huge market really, not like they can police garage sales).

The library system I work for runs a community sale every year that generates around $30k in sales each year. Unless this is also part of a loophole, that would be a gigantic hit to group that puts it on for us as it goes to pay for a lot of services.