By using this site, you agree to our Privacy Policy and our Terms of Use. Close

 a

Soleron said:
S.T.A.G.E. said:
Soleron said:
S.T.A.G.E. said:
...

I've taken media law, I know what is mine, no matter what the guidelines of that ownership is on PC. Disc based content is mine as long as it remains on my hardware. Arguing with you will not change what I know. Once disc-based media is gone there goes your rights especially when pertaining to first-sale doctrine. Well....that is speaking within the United States that is. First sale doctrine rights disappear once tangible sale items vanish and anything of value is solely digital.

Again...I don't want the copyright, nor the intellectual property, just the product which I purchase and hold in my hand. Without that proof of legal purchase the rules of ownership will soon change.

You are right, but .. very little of this has been tested in court. The Supreme Court could easily find that it IS a license rather than ownership.


Interesting...then why is Gamestop still in business and places like Best buy trying to go into used game sales? Again...first-user doctrine stands. The only true right one has left until full digital takes over.

In Vernor v. Autodesk, Inc. the 9th Circuit created a three-factor test to decide whether a particular software licensing agreement is successful in creating a licensing relationship with the end user. The factors include: 1) whether copyright owner specifies that a user is granted a license; 2) whether the copyright owner significantly restricts the user’s ability to transfer the software to others; and 3) whether the copyright owner imposes notable use restrictions on the software. In Vernor, Autodesk’s license agreement specified that it retains title to the software and the user is only granted a non-exclusive license. The agreement also had restrictions against modifying, translating, or reverse engineering the software, or removing any proprietary marks from the software packaging or documentation. The agreement also specified that software could not be transferred or leased without Autodesk's written consent, and could not be transferred outside the Western Hemisphere. Based on these facts, the 9th circuit held that the user is only a licensee of Autodesk’s msoftware, not an owner and hence the user could not resell the software on eBay without Autodesk’s permission. 

I know that's Wikipedia but still valid. The EULA was upheld. Other game companies only need to take it to th  same court to stop used sales.

Those companies are only still in business because MS and Sony haven't DRM'd their games. If they did, regardless of FSD it would be illegal to circumvent that protection under DMCA

Hmmmm...this country is going to shit because of the corporations and their greed. If First sale doctrine erodes where will people leave their unwanted disc-based goods? Over one hundred years of rights thrown down the shitter. All the more reason to give a damn eh? I'd say so.