EU Court Rules That Publishers Do Not Have The Right To Stop You Selling On Downloaded Games

Good news for gamers – the Court of Justice of the European Union has ruled that publishers are not allowed to prevent you from selling on games that you have downloaded.

The ruling stated that “An author of software cannot oppose the resale of his ‘used’ licenses allowing the use of his programs downloaded from the internet.” It said that the exclusive distribution right of a copy of a computer program that is covered by the license is “exhausted on its first sale.”

This is basically saying that a downloaded version of a game can now be treated like a physical copy that can be sold on when the user is done with it. Preventing the resale of downloaded games is a little like telling someone that they aren’t allowed to sell DVD’s they no longer want on eBay or similar sites. For years gamers who purchase physical copies of games have been trading them in at gaming stores or selling them on once they are finished with them, it is about time that users of downloaded versions were afforded the same rights!

This ruling shows that the courts have realized that the law must reflect the digital era and will stop publishers from keeping their customers in an eternal bind! If you’ve bought something, it belongs to you, you should be free to do whatever you want, except obviously making thousands of copies and selling it on!!

This means that gamers who live in EU members states now have the freedom to sell on their downloaded games when they are done with them, regardless of any previous “End User License Agreement” that they had signed and theoretically the new owner should be allowed to download any updates to the game, direct from the website. However the ruling did state that if a user wishes to sell on a license they have to make their copy “unusable at the time of resale.” If you didn’t render your copy unusable then you would be infringing the “copyright holder’s exclusive right to the reproduction of his computer program.”

(Via Eurogamer)

You Might Like These

Share and Enjoy


About Sheniz Raif

I am, and think I have always been, a writer. I’ve been scribbling stories since I was old enough to hold a pen and thoroughly enjoy using my words to make people laugh or inspire them. I love going to gigs and am a professional groupie for a couple of awesome bands. I am an avid fan of socializing, football, film, and refusing to grow up! I’m also a proud member of the BODO UK team!