EULA

Do Library & Church Game Nights Violate EULA?

June 2, 2008

While libraries and church groups are increasingly turning to video game events in order to attract teens, such get-togethers may have copyright implications, according to the School Library Journal.

Check out this Q&A posted yesteday:

Q. Lots of school and public libraries are hosting gaming tournaments, featuring popular video games like Guitar Hero and Madden Football. Since these games are intended for home use, isn’t that similar to purchasing a movie and showing it to a large audience?

 

A. Everyone seems to be asking that question! Video games come with licensing agreements, and before purchasers can play the games, they must agree to their terms. The video-game licenses that I’ve seen are strictly for “personal, noncommercial” uses—not public ones. So when libraries host gaming programs, they’re violating these agreements. Yet, lots of libraries are doing just that—and they’re getting away with it. And some are even charging an admission fee to attend these events. What gives?

 

My guess is that video-game distributors never anticipated their games would be used publicly. So when their lawyers drafted the licenses, they simply used language commonly found in software contracts...

 

Librarians can: (1) continue to offer video-game competitions and let the chips fall where they may; (2) contact the rights holders and ask if their licenses can be modified to accommodate your programs; or (3) email the rights holders and tell them you’re opting out of the portion of the contract that allows only home use—and unless they tell you not to, you’re planning to offer gaming tournaments.

GP: It's a fascinating question. Game publishers would look like big meanies if they tried to enforce this, of course. On the other hand, I believe that Internet cafes pay for some type of multi-user license for some online games.

UPDATE: A well-informed video game industry source dropped GP a line, offering some insight on this story:

For motion pictures, schools, libraries, and other institutions get licenses to exhibit the movies. It's pretty straightforward and no-one seems to have a major problem with it. See http://www.movlic.com/ and http://www.mplc.org/aboutMplc.php I'm not aware of similar services for video gaming. Probably should be.

 

EULAs Out of Control, Says ECA's Hal Halpin

March 22, 2008

Does anyone even bother to read those End User Licensing Agreements (EULAs) that come with games and other types of software?

Maybe you should.

ECA president Hal Halpin, in a column for GameDaily, worries that game publishers have exploited EULAs to the detriment of game consumers:
 

EULAs are a real and tangible problem... Quite simply, they're out of control... these contracts have become so unwieldy that they regularly infringe on consumer rights. Many would likely be unenforceable in a court of law. Others, consumers would be shocked to find out what all of that fine print actually meant.


 

The reason for the EULAs existence is sound. Certainly no reasonable person would expect the creator or seller to lose all of their rights in a sale. But neither should a consumer...

I propose that we form [a] working group to address this problem... It needs to be an open and inclusive process... There's no reason to think that we couldn't standardize the EULA and create one contract that all developers, publishers, retailers and consumers know, understand and respect. The implications would be broad and the downside negligible...


PC Magazine has more on EULA madness.

Full Disclosure Dept: The Entertainment Consumers Association is the parent company of GamePolitics.

 

GamePolitics ShoutBox

Posted 08/29/08 at 10:52am
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Posted 08/29/08 at 10:51am
thefremen: LOL, yes, the government has not expanded at all in the last 8 years, especially not for the benefit of corporate entities.
Posted 08/29/08 at 10:51am
thefremen: LOL, yes, the government has not expanded at all in the last 8 years, especially not for the benefit of corporate entities.
Posted 08/29/08 at 10:43am
ZippyDSMlee: DS- http://forums.theeca.com/showthread.php?p=84679#post84679 In OT BTW
Posted 08/29/08 at 10:32am
ZippyDSMlee: Dark Sovereign: Sure ^^
Posted 08/29/08 at 10:29am
Dark Sovereign: @zip: Make the thread. I'm just not active there.
Posted 08/29/08 at 10:28am
SimonBob: Heh, I was just playing with the semantics for my own amusement, not trying to shoehorn my way into the argument.
Posted 08/29/08 at 10:28am
ZippyDSMlee: Dark Sovereign: Iwish you would join the forums so we can have a full conversation these shouts are stifling!
Posted 08/29/08 at 10:27am
ZippyDSMlee: Dark Sovereign:force them into the wilderness to die off...this is the reality of not taking into account what to do with the lower classes.
Posted 08/29/08 at 10:26am
Dark Sovereign: @zip: What are you talking about? Less government means less taxes. Less taxes means more money in average Joe's pockets.
Posted 08/29/08 at 10:26am
ZippyDSMlee: Dark Sovereign: you DO realize there were roving shanty towns and poor hosues before social secuty was started? they were hives for poverty and disease,hell with todays "cleanliness" in housing code you can not have them anymore and states will just forc
Posted 08/29/08 at 10:22am
ZippyDSMlee: Dark Sovereign: noobies and their silly definition ^_~, but I ahve to ask how do you keep millions off the streets, taking twice as much money from states without social security and health care?
Posted 08/29/08 at 10:22am
Dark Sovereign: You ASSUME that not giving tons of handouts to people will make them poor. America itself shows you are wrong.
Posted 08/29/08 at 10:17am
Dark Sovereign: Fascism involves ever-expanding government. I just argued the exact opposite.
Posted 08/29/08 at 10:17am
Dark Sovereign: Do either of you have any idea what "fascism" or totalitarianism IS? You aren't showing it.
Posted 08/29/08 at 10:08am
SimonBob: "Fascism" is such a dirty word. Call it "totalitarianism" and at least it sounds vaguely reasonable, in a Heinlein-esque way.
Posted 08/29/08 at 09:50am
thefremen: @Dark Soveriegn: You're advocating the values of fascism, you know that right? If we call it conservatism does it smell as sweet
Posted 08/29/08 at 08:36am
gamepolitics: When I'm on the West Coast I miss my three-hour head start... wah...
Posted 08/28/08 at 10:03pm
ZippyDSMlee: Dark Sovereign: right? ack sorry for the long windedness ><
Posted 08/28/08 at 10:02pm
ZippyDSMlee: Dark Sovereign:infrastructure, let the states deal with the millions on disability or SSI let states run shanty towns for the great unwashed masses and all the death and disease that will ensue, as long as the middle and rich pay less taxes who cares righ
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