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Digital Resale
As you might have heard, a French consumer group is suing Valve over, amongst other things, the inability of customers to resell their Steam games. The actual likelihood of this case being successful is rather low, as a German consumer group sued Valve (for the 2nd time) and lost last year. Which is interesting, considering reselling software licenses was ruled legal in Europe back in 2012.
The entire issue is fascinating to me though, as it touches on a lot of philosophical, economic, and even political points. There has been this historical dichotomy in gaming since at least the 90s, where we (in the US) have just simply accepted that computer games cannot be resold, but an entire industry can be built around reselling console games. I mean, think about it: why? Why the difference?
It seems we just kinda decided – rather arbitrarily, I might add – that because the PC disk wasn’t necessarily after installing the game, or that it’d be too easy to copy, that we shouldn’t be able to resell it. But what does that actually matter from a rights perspective? “You don’t own the game, you own the license.” Yeah, unless it’s an Xbone copy of Call of Duty, or a music album, or a DVD, in which case it apparently doesn’t matter.
If you have been following this blog for any particular length of time, you might know that I am a stalwart consumer advocate. And thus, I also agree that we should have the right to resell game licenses. None of the counter-arguments are at all compelling, and mostly seem to revolve around “it’s always been that way” or “think of the children game developers!” About the only halfway interesting one was something along these lines:
As a consumer I do care about this, as I can only see digital resales being viable if the game enforces online authentication every time you start up the game. Physical games don’t need this as they use authentication with the physical medium, you need the disc to play.
Some people also brought up the Xbone launch debacle. The problem is… these are non-issues. The Xbone was going to require a constant internet connection, or at least the ability to phone home every 24 hours, which has nothing at all to do with licenses. Requiring a connection for when you purchase or sell a license? Uh… yeah. That’s fine. You’ll presumably need a connection to download or sell the goddamn game in the first place. There is zero reason to require verification after that, other than to be nosy.
As for the impact to game developers? I mean this in the kindest way possible: not my problem. Nor is it yours. It is intellectually dishonest to wring your hands over such a development if you aren’t already very concerned about, say, Steam sales in general. Businesses are abstract, amoral entities that don’t give two shits about you. They are not your friends. If it were up to them, games would cost $2,000 apiece and require you to drive to their headquarters to play them.
Will game companies start doing more micro-transactions/DLC/services bullshit to recapture funds lost by a used game license scenario? Maybe. Then again, that sounds exactly like the same dumb argument that we shouldn’t be paying fast food workers more because it encourages businesses to replace workers with robots. Guess what? They’re going to do it anyway.
Honestly, just like with everything, it’d be best for everyone involved if game companies got ahead of the legislation on this. I don’t see any reason why Value couldn’t implement a system of resale that includes a cut for both Valve and the developer. When I sell a Steam trading card for $0.10, Valve takes two cents. No particular reason why Valve couldn’t take 30% (or even more) of the resale value for facilitating the transaction, and give X amount of that to the developer. If Valve, et al, tries to fight the future on this one, they might be stuck with a defined activation fee at best, while gamers trade licenses on eBay, Craigslist, etc.
Xbox One Eighty
I take no credit for either the title nor the picture:
If you had not already felt the Earth’s sudden wobble from the magnitude of Microsoft’s about-face, allow me the pleasure of informing you: the Xbox One no longer has its ridiculous DRM. Namely:
- No internet connection is required to play games.
- No 24-hour online check-in.
- You can buy/sell/gift/rent/lend game discs just like on the 360.
- You can purchase digital versions of games on Day 1 and play offline (once downloaded).
One of the “casualties” of this Lance Armstrong-level backpedaling is that you can’t have that whole “10-person family sharing” plan or the ability to “take your games anywhere by logging in.” Often lost amongst the Apologist tears though was the simple fact that logging on from a friend’s Xbox One basically meant you would have had to wait for a 10+ GB download before playing anyway. And what were the odds that more than one member of the family could play the same game at the same time? In other words, you are not any worse off than the present system of just taking the disc with you.
Plus, you know, used games.
On a semi-related bit of interesting news, apparently Valve snuck some interesting code into the Steam software: shared libraries, e.g. lending digital games. Obviously nothing is formally implemented yet, but the premise seems to be that once you lend a game to a friend, they can play it until you log on to play it yourself (which then bumps them off). Which is… pretty remarkably clever if you think about it. Valve could just as easily went the other way, where you couldn’t play until your friend “gave it back,” which would probably discourage people from using the feature at all. Assuming there is no transaction fee or anything, I would feel comfortable giving one or two of my Steam buddies access to everything.
Regardless of which way the shared library plays out – if it plays out at all – today was a huge win for consumers everywhere. I am not quite ready to declare victory yet, but the future sure is looking considerably brighter than it was, oh, two weeks ago, eh?
Epic “Competition”
Mar 22
Posted by Azuriel
The Epic Game Store has poached another high profile new release from Steam: The Outer Worlds.
As if trailers weren’t already misleading enough.
As with Metro: Exodus, this is a timed exclusive meant to expire after 1 year. Unlike Metro though, Outer Worlds is also slated to be released on the Windows Store as normal. So if you really wanted to play it Day 1 without using the Epic Store, you can. Of course, that means… you have to use the Windows Store, which comes with its own issues.
The backlash from the continued poaching of games is pretty widespread on Reddit (and Youtube comments, etc) although there is also a tremendous amount of counter-backlash. Most of the counter-arguments seems to boil down to “why so serious?” Which should not be unexpected from /r/SubredditDrama or /r/GamingCircleJerk users, of course. Nevertheless, it is question worth asking.
But before I get to answering it, let’s review why Epic is doing this in the first place:
Ah, it’s all pure altruism for the good of all gamers.
On Sweeny’s Twitter though, he admits:
In fact, here are the brass tacks:
It may seem like a “duh” moment, but I just wanted to reiterate the fact the Epic CEO admits there is no other way to compete with Steam on the merits. That the Steam store is “nearly perfect for consumers already.” And thus, the only way that the Epic store can hope to compete is by restricting the game supply via exclusivity agreements.
Which is a bit of a weird way to foster “competition,” don’t you think?
If you want to know why I consider Epic’s shenanigans as anti-consumer, timed exclusives is it. Competition between storefronts means I have the choice to purchase it from Steam or from Epic or whomever. For some reason, Sweeney feels like competing on price or developer revenue sharing isn’t enough. Possibly because Epic has a shitty store lacking in basic functionality. Forcing people to use said store if they want to play X game isn’t doing consumers any favors, even if it’s hypothetically “for our own good” years from now.
I get it. Disruption is required to break into mature markets. But typically – or at least ideally – the disruption comes out in favor of the consumer right away. Uber and AirBNB and Netflix and all the rest broke monopolies by offering not just lower prices, but superior service/opportunities in most cases. Uber didn’t just swing big-dick Fortnite money around and buy up all the cabs around the airport and tell people that the next five years are going to be super exciting for cab drivers.
Posted in Commentary
9 Comments
Tags: Consumers, Drama, Epic Store, Poaching, Steam, Tim Sweeney