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?
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.
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.
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.
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?
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.”
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
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.