European Union court: Consumers have the right to re-sell their Digitally Distributed games

[NJ5]

Jumpin said:

People will be able to legally sell copies of their game while retaining access to the original.

Sure, but they can't use the game legally after that, otherwise they're engaging in piracy. "Retaining access" is legal, playing the game isn't.

How is this different from copying a DRM-free DVD and giving the copy to your friend while continuing to use a game you have? Both are easy to do, and both are illegal.

 

Jumpin said:

There would be no way to enforce the sale of multiple digital copies of the same game.

Of course not, but in the context of DRM-free games that is always true, whether the game is a physical copy or a online-distributed game. With a copy of a physical DVD you can just claim that it is a backup of a game you bought, if there's no further evidence then no one can prove you pirated the game.

If you say (in your point 1) that courts are endorsing piracy with this decision, you also have to say that courts have endorsed piracy before, by giving people the right to sell their DVDs.