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New EU laws effect EA, Origin and further SWTOR?

STAR WARS: The Old Republic > English > General Discussion
New EU laws effect EA, Origin and further SWTOR?

Fornix's Avatar


Fornix
07.06.2012 , 05:51 AM | #41
Quote: Originally Posted by DiabloDoom View Post
That's great, go try and sell your game without a registration key. That key is linked to your account, which you and only you has agreed to license it. TBH this law isn't applicable to online games such as this. EA own the servers, and therefore own everything contained on those servers, you may go ahead and sell your disks or digital download, but until EA implement a method giving the ability to also transfer your registration key in the sale selling your game will be pointless. Sure you can take it to court, if your rich enough, I doubt any EULA would will hold up but is it really worth it?
The judge ruling isn't a matter of selling disks, it's a matter of selling actual second hand licenses. So essentially, in terms of SWTOR, that would mean I could sell my login credentials and hence passing over my license.
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Liokae's Avatar


Liokae
07.06.2012 , 05:59 AM | #42
Quote: Originally Posted by Fornix View Post
That is just what EA lets you believe, however, show any law stating it be so. EULA's are not definite. EA could place in a paragraph stating that your first born child will be sacrificed if you revoke your subscription within 12 months, it won't matter as it has no legal grounds. Same goes for companies claiming accounts are their property rather than yours.

More and more legal systems in Europe are actively looking on extending regulation regarding digital property, of course in their own interest as well, concidering as to how digital transactions of digital goods can go hand in hand with taxations.

Most probably we'll see more and more companies going down a similar path as what Blizzard does with DIII. Real money auction houses along, in addition to character selling options.
It doesn't really matter whose 'property' the account is; when you pay your monthly fee, you are purchasing a service. Said service is detailed in the EULA. When it comes to banning accounts for being sold, the absolute worst that a law could ever do is force the company to refund a prorated amount of how much purchased time was left on the account. They can't force the company to allow someone to buy their service (excepting, in some countries, cases of discriminatory denial).

Hunny_Bun's Avatar


Hunny_Bun
07.06.2012 , 06:04 AM | #43
Quote: Originally Posted by Liokae View Post
It doesn't really matter whose 'property' the account is; when you pay your monthly fee, you are purchasing a service. Said service is detailed in the EULA. When it comes to banning accounts for being sold, the absolute worst that a law could ever do is force the company to refund a prorated amount of how much purchased time was left on the account. They can't force the company to allow someone to buy their service (excepting, in some countries, cases of discriminatory denial).
I think they could in the UK. The Court would grant an injunction lifting the ban.

I suspect most EU countries would be the same

DiabloDoom's Avatar


DiabloDoom
07.06.2012 , 06:05 AM | #44
Quote: Originally Posted by Fornix View Post
The judge ruling isn't a matter of selling disks, it's a matter of selling actual second hand licenses. So essentially, in terms of SWTOR, that would mean I could sell my login credentials and hence passing over my license.
Did you not read the article? It's clearly stating only your digital copies of games will be eligible for resale (which doesn't even apply to this game since the game's free to download), the terms of the license for access to an MMO server is a completely different kettle of fish.

You buy your copies of games, but you only rent access to your account, renting does not implicate ownership therefore you do not hold rights to resale.

Seriously this article is merely hitting on Xbox's new approach to games.

Valkirus's Avatar


Valkirus
07.06.2012 , 06:38 AM | #45
Quote: Originally Posted by DiabloDoom View Post
Did you not read the article? It's clearly stating only your digital copies of games will be eligible for resale (which doesn't even apply to this game since the game's free to download), the terms of the license for access to an MMO server is a completely different kettle of fish.

You buy your copies of games, but you only rent access to your account, renting does not implicate ownership therefore you do not hold rights to resale.

Seriously this article is merely hitting on Xbox's new approach to games.
TOR is "free" to download? You are refering to the free trial? To play the whole game, you have to pay the purchase price. So it is not "free". Unless they just recently made it free to download and no purchase price required.
Trust is something which is earned.

bpphantom's Avatar


bpphantom
07.06.2012 , 06:44 AM | #46
As has been mentioned, you'll be able to sell the game (big plus) but the account is still subject to the EULA and cannot be sold legally. A lot of MMOs don't have a method of identifying who bought it (serial key, etc) so there's really been no way to prevent sales anyway. Games like Mass Effect however... good news to the consumer in this case.
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davidpop's Avatar


davidpop
07.06.2012 , 07:01 AM | #47
Quote: Originally Posted by Rayla_Felana View Post
New European Union laws mean that Europeans can sell their digitally downloaded games to other people, no matter what, even the UELA can't prohibit it and no company is allowed to refuse it, it's basically a right of the user/customer.

Could this eventually mean that games like SWTOR, Mass Effect, etc... can also be resold by their owners?

Source: http://www.guardian.co.uk/technology...?newsfeed=true
Always found those EULA´s you have to "sign" laughable, they would never hold up in court in the EU, oh so little Timmy "signed" something in a foreign languge on the internet, yea thats a legally binding contract allright

macumba's Avatar


macumba
07.06.2012 , 07:08 AM | #48
Quote: Originally Posted by davidpop View Post
Always found those EULA´s you have to "sign" laughable, they would never hold up in court in the EU, oh so little Timmy "signed" something in a foreign languge on the internet, yea thats a legally binding contract allright
you are totally right. also everything that any foreign company writes in their EULA or general terms and conditions that violates the local law is automatically void. at least that's how it works in germany.
Just because you're not paranoid, doesn't mean they're not out to get you.

Peregrine_Falcon's Avatar


Peregrine_Falcon
07.06.2012 , 07:09 AM | #49
Personally I think it's ridiculous that this ever had to go to court in the first place. And it shows just how little regard software companies (not just EA) have for their customers and traditional rights.

For example: I buy a car. Later I decide to sell that car to someone else. The car company can't suddenly get involved and say "selling that used car deprives us of profits and violates your agreement with us!" No. I bought that car and it's mine to do with as I please.

Same with a book, or a music CD, and now with software. Once I buy it it's mine to do with as I please. And I don't care if Microsoft or GM or EA or the RIAA like it or not.

Although the reality is that it probably won't affect EA at all. They can just close their European offices and then continue to do what they want. After all, if the company isn't in Europe then European laws can't really be enforced against them.
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Sagimore's Avatar


Sagimore
07.06.2012 , 07:15 AM | #50
This ruling makes sense to me, I don't know how the EU works, but inst this just a ruling not a law?

Someone is going to need to bring a claim against a software company eventually.

In the US this is a great example of how lobbyist control our law. There is no way that owning something is not yours to sell afterwards . It would be like buying a car and then not being legally able to sell it later. That said, I imagine anything that lives on the server is not yours to sell. Only digital data which is obtained to your hard drive. So owning SWTOR I could sell my key code(account information) but that doesnt mean I will be able to play if BW doesnt want to allow the new owner to have rights to their servers. That would be whole new lawsuit Im guessing.