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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 One11!one1!

The Xbox One reveal reminded me, forcibly, that Microsoft is the company behind the console. I mean, obviously, right? But between Windows 7 and Bill Gates building better condoms, I temporarily forgot about Games for Windows Live, Windows 8, and all the markedly cynical shit the Redmond company pulls as it endeavors to further erode all consumer surplus and out-EA EA.

Remember the always-online brouhaha? Well, the new Xbox doesn’t require an always-online internet connection. Except when you play a game for the first time. Or if the game company feels like pulling a Maxis and “off-loading computations to the cloud.” And just kidding, your Xbox needs an internet connection to phone home once every 24 hours or it presumably bricks itself until you do.

So how often does it check your connection? “Depends on the experience,” Harrison said.

“For single-player games that don’t require connectivity to Xbox Live, you should be able to play those without interruption should your Internet connection go down. Blu-ray movies and other downloaded entertainment should be accessible when your Internet connection may be interrupted. But the device is fundamentally designed to be expanded and extended by the Internet as many devices are today.”

Oh, how nice of them that your Blu-ray movies “should” be accessible when your internet connection is interrupted.

In return for all of these restrictions, you get to opportunity to… pay full MSRP for all your games! There are no used games for Xbox One, there are simply game disks which will prompt you to pay a “fee” of the full price of the game to play it. Remember when we thought EA eliminating the Online Pass was a gesture of contrition and good will? Surprise! It was cynical bullshit because Microsoft is handling the Online Passes now and adding them to 100% of all future Xbox games.

A lot of the Xbox Apologists have pointed at Steam in making their arguments that things are not so bad. In fact, there is talk that you may be able to sell your used games game licenses to other people on the Xbox Marketplace, in a sort of virtual GameStop setup. Okay… details? If it is true, and assuming you can set your own price, and assuming there isn’t exorbitant fees, then great! We just had to give up renting games, letting your friend borrow your games, and in the case of Steam comparisons, getting 50% discounts on brand new games released just three months ago.

I am not an Xbox customer; I neither bought any of the prior consoles nor plan to purchase this new one. But this sort of shit will affect every one of us. We already see DLC for our PC games delayed because of “Xbox exclusives.” Ports of future Microsoft games could be pulled from Steam just like EA pulled theirs, ostensively so we can have the privilege of paying more money for no conceivable consumer gain. What we see today is what we can expect more of tomorrow – not just from companies like Microsoft, but from everyone who thinks they can get away with it.

And that sucks.