Wouldn’t Steam also need to follow a Court Order? Like, wouldn’t they be legally forced to? Because if they didn’t adhere to it they would be found in Contempt of Court, which is a pretty big deal legally speaking.
IANAL, but… I’m guessing GOG is of the opinion that they’re selling you a license that you own, and can thus bequeath to your heirs, where Steam is of the opinion they’re selling you a nontransferable license, so a will bequeathing it to someone would be seeking to enforce something you lack permission to do.
Aren’t non-transferable licenses basically illegal or void in the US because they violate the First-Sale-Doctrine though? Or perhaps it does not apply to digital products and that is how Valve applies it to Steam accounts?
Licences are different than physical goods.
With a physical good you’re transferring ownership of that “thing”, and the new owner can do as they like, except for the exceptions made for copyright.
With a licensed thing, it’s closer to a rental. Just because you rented the tool doesn’t mean you can sell it, and it doesn’t mean that the rental company is obligated to let your next of kin keep using it.
This goes double for things like digital media, because the rental company is also the one who has actual possession of the thing. They’re not taking anything, they’re just not giving someone they never did business with access to it.
As far as I am aware, most of the game and sofrware companies get around it by stating you’re no longer buying a thing, but buying a non-transferrable licence to use the thing but you never actually own anything.
Microsoft, yes but they use the wording to buy windows license for example. Game companies still use wording “buy” game. Unless they change the purchase wording, I, as a consumer, am assuming I am buying a copy of the game I can play indefinitely while I own the game.
So I’ve spent a few minutes trying to see what the internet thinks, and it looks like there’s not a clear consensus that the First-Sale-Doctrine applies to non-physical goods similarly to physical ones, and does seem to be a consensus that digital goods make it a lot messier. Seems like the law hasn’t caught up to technology, still.
And in absence of clear law, it makes sense that companies are making their own opinions, and unfortunate that some are being greedier than they could be.
More like the technology hasn’t caught up to the law. There certainly isn’t a consensus that the First Sale Doctrine doesn’t apply to digital goods, and should never be because that’s absolutely wrong.
I think the phrasing is wrong. GoG wants a public document detailing the legal estate transfer. Can’t just email them a death certificate and claim your a beloved grandson.
People have died because of wills. Shit gets messy.
I think they may have meant a probate court. Steam can ignore or argue against a probate court on several grounds and might have to be taken to a judicial court, GOG may be claiming they would accept the judgement of a probate court. Definitely needs to be expanded upon and clarified.
Wouldn’t Steam also need to follow a Court Order? Like, wouldn’t they be legally forced to? Because if they didn’t adhere to it they would be found in Contempt of Court, which is a pretty big deal legally speaking.
IANAL, but… I’m guessing GOG is of the opinion that they’re selling you a license that you own, and can thus bequeath to your heirs, where Steam is of the opinion they’re selling you a nontransferable license, so a will bequeathing it to someone would be seeking to enforce something you lack permission to do.
Neither am I lol.
Aren’t non-transferable licenses basically illegal or void in the US because they violate the First-Sale-Doctrine though? Or perhaps it does not apply to digital products and that is how Valve applies it to Steam accounts?
Licences are different than physical goods.
With a physical good you’re transferring ownership of that “thing”, and the new owner can do as they like, except for the exceptions made for copyright.
With a licensed thing, it’s closer to a rental. Just because you rented the tool doesn’t mean you can sell it, and it doesn’t mean that the rental company is obligated to let your next of kin keep using it.
This goes double for things like digital media, because the rental company is also the one who has actual possession of the thing. They’re not taking anything, they’re just not giving someone they never did business with access to it.
Sounds like something the FTC should make illegal. Someone should start revoking licenses of politicians. See how fast that law changes
As far as I am aware, most of the game and sofrware companies get around it by stating you’re no longer buying a thing, but buying a non-transferrable licence to use the thing but you never actually own anything.
Microsoft, yes but they use the wording to buy windows license for example. Game companies still use wording “buy” game. Unless they change the purchase wording, I, as a consumer, am assuming I am buying a copy of the game I can play indefinitely while I own the game.
More commonly called “blatantly lying.”
So I’ve spent a few minutes trying to see what the internet thinks, and it looks like there’s not a clear consensus that the First-Sale-Doctrine applies to non-physical goods similarly to physical ones, and does seem to be a consensus that digital goods make it a lot messier. Seems like the law hasn’t caught up to technology, still.
And in absence of clear law, it makes sense that companies are making their own opinions, and unfortunate that some are being greedier than they could be.
More like the technology hasn’t caught up to the law. There certainly isn’t a consensus that the First Sale Doctrine doesn’t apply to digital goods, and should never be because that’s absolutely wrong.
I think the phrasing is wrong. GoG wants a public document detailing the legal estate transfer. Can’t just email them a death certificate and claim your a beloved grandson.
People have died because of wills. Shit gets messy.
I think they may have meant a probate court. Steam can ignore or argue against a probate court on several grounds and might have to be taken to a judicial court, GOG may be claiming they would accept the judgement of a probate court. Definitely needs to be expanded upon and clarified.