| kitler53 said: i dunno about outright illegal but with their very pro-consumer court system i'll bet if a class action lawsuit were to come from the used game policy MS will lose. their policy of restricting who you can sell to and taking a percentage of your resell value is clearly anti-consumer. i don't think consumers could win in the US but i think they could in europe. i'm thinking no legal issue with kinect could win in the courts unless MS is proved to be doing weird things with the data collected. |
I don't believe it would. DRM is not controlled by any EU directive (law). Instead, it's controlled by International Treaty. The 1996 World Intellectual Property Organization treaty required those who signed onto the treaty to implement legal protections for technological prevention measures (DRM). In fact, the EU directive is more restrictive than the Digital Millennium Copyright Act in the US.
In the US, a licensee (consumer) may circumvent DRM through their own ability, however no device can be marketed for sale to do so. In the EU, a licensee does not retain the right to circumvent DRM through any means. So, yes. You have the right to make a copy of the disc, but your ownership of the content is limited to the restrictions of the license for use.
EDIT:
To further explain this within the context of the July 2012 ruling, which permitted second-hand digital sales, companies may employ measures to render software unusable when the license is transfered. Microsoft is not permitted in restricting a second-hand sale, but it doesn't restrict Microsoft from defining the means of implimenting a second-hand sale. The point being made here is Microsoft has to provide the means to transfer the license. If the means to transfer a license is through a specific third-party or group of third-parties, or even Microsoft itself, there is nothing limiting that. How you do it isn't define, just that you must be able to do it.
