Poll: Should Publishers/Developers Receive a Cut of Used Game Sales?

July 25, 2013 -

Earlier this week, Ready at Dawn Studios boss Ru Weerasuriya opined that retailers not sharing the profits generated from used game sales with the publisher/developer is not fair.

16 comments | Read more

Microsoft Dumps (Most) Bad Xbox One Policies

June 19, 2013 -

Realizing that it has lost the war on Xbox One's online requirements and its used games policies, Microsoft announced today that it is abandoning them altogether. Microsoft has changed its stance on always online and used game policies to be more like they were on Xbox 360. In a blog post explaining the changes President of Microsoft's interactive entertainment business, Don Mattrick, laid out the changes.

Guest Editorial: Own v. Rent

June 11, 2013 -

Entertainment Consumers Association (ECA) President Hal Halpin offers his insights on video game ownership - a topic that has caused cheers for Sony and jeers for Microsoft at E3 in Los Angeles this week.

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Supreme Court Rules That First Sale Doctrine Not Limited by Geography

March 19, 2013 -

Broadcasting Cable reports that the U.S. Supreme Court has overturned a Second Circuit ruling on a First Sale Doctrine case that could expand its protections beyond U.S. borders. The court ruled that the Second Circuit court erred when it ruled that First Sale Doctrine did not apply to work legally made abroad and imported into the United States.

1 comment | Read more

GameStop Investigating Digital Used Game Sales in Europe

July 27, 2012 -

GameStop is apparently paying close attention to the recent decision by the European High Court that digital purchases could legally be resold. Speaking to GameSpot, GameStop CEO Paul Raines said that the video games retailer is seriously looking into the idea of creating a business out of reselling digital downloads in Europe, but cautions that it is too early for him to say if it is something they will get into. At this point the company is simply investigating the idea.

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A Declaration of Internet Freedom

July 2, 2012 -

In an age where acronyms such as SOPA, PIPA, ACTA, CISPA, CSA, and more put fear into the hearts of Internet users all over the globe it's time that someone stand up and clearly define what rights we should have on the Internet. Like the Continental Congress did when America declared Independence way back in 1776, the Entertainment Consumers Association (ECA) and other advocacy groups have come up with our own version of a "Declaration" for the Internet age.

Some Analysis on the First Sale Doctrine Case Headed to the Supreme Court

June 18, 2012 -

Last week we presented the news that a "First Sale Doctrine" case (Kirtsaeng v. John Wiley & Sons) was headed to the Supreme Court. Some journalists were sounding alarm bells that an outcome in favor of the publisher in the case could have a serious impact on how people sell used products such as books, DVD's and even video games.

3 comments | Read more

Supreme Court Poised To Rule On Important First Sale Case

June 15, 2012 -

The First Sale Doctrine has been an important part of copyright law for well over a hundred years now and an important part of the gaming culture for the last 30 years or so. Unfortunately, these last few decades have also seen a lot of effort to erode what protections consumers have to resale their property without the permission of the copyright owner. Once again, the Supreme court is poised to rule on how far the protections the First Sale Doctrine go when it comes to copyright.

5 comments | Read more

Supreme Court to Revisit First Sale Doctrine in Next Term

April 17, 2012 -

The Supreme Court will hear a case related to the First Sale Doctrine. The court decided Monday that it would hear arguments in its next term related to a case that will test the reach of U.S. copyright law outside of the United States. The Federal circuit courts of appeal are split on the issue. The case is Kirtsaeng v. John Wiley & Sons (docket 11-697).

1 comment | Read more

SCOTUS Deadlocks on First-Sale Doctrine Case

December 13, 2010 -

The U.S. Supreme Court issued a split decision on Costco v. Omega, a case dealing with first sale doctrine. The court divided 4-4. The case had to do with watches bought overseas and sold at Costco discounts in the United States. The split denies a change in a lower court decision upholding the rights of the Swiss watch manufacturer, Omega.

According to Scotus blog, a different outcome might have been possible if the newest justice, Justice Elena Kagan, didn't recuse herself from the case. Kagan has recused herself from about half of the cases being heard during this term.

Costco argued in its appeal that the Ninth Circuit decision allows copyright owners who make products outside the U.S. to gain added legal weapons against those who buy goods overseas.

More from SCOTUS Blog:

6 comments | Read more

Autodesk, EULAs and Games, Oh Boy

September 20, 2010 -

You may have recently heard of a court decision out of the Ninth Circuit involving horror stories about EULAs banning the right to resell games. There has been a lot of misinformation and fearmongering surrounding the case, with people shouting how it is the end of the world. It really isn't, and I'd like to take the opportunity to go over the actual decision, as well as the existing law behind it, to explain why this will have minimal, if any, effect on gamers.

Background on First Sale

40 comments | Read more

Retail Activation Codes Target Shoplifting, Not Piracy

June 26, 2009 -

Earlier this week, GamePolitics reported on “benefit denial,” a loss-prevention technology proposed by game retail trade group the Entertainment Merchants Association. The EMA plan would disable movies and video games until unlocked at the point of sale.
 
Not everyone thinks it’s a good idea.
 
Writing for CNET, technology columnist Don Reisinger dubs the plan "a loser."

Piracy and theft is indeed a problem in the video game industry. But it's not so bad that it requires games to be shipped in an unactivated state. Moreover, game piracy is really a bigger problem on the PC than on consoles... And since most of the issues affect the PC side of the business, not even benefit denial will be able to stop piracy...

However, EMA Public Affairs VP Sean Bersell told us that benefit denial is “all about retail theft,”  not piracy. He points to a comment to Reisinger’s article posted by Capgemini, the firm commissioned by the EMA to evaluate the feasibility of benefit denial.

[The benefit denial study], announced by the EMA, doesn't even mention piracy.  And that's because the whole project is about elimination of physical theft of discs, whether DVDs, or CDs, or games on optical discs. It has nothing to do with piracy. Zero.

Reisinger also raises concerns about how well this technology will work with second-hand games, whether Internet connectivity will be a factor, and if the Big 3 console makers' participation will be required.  Bersell commented:

We are not talking about DRM or other software-based technology. The technology to which we are referring would be a physical lock that is opened via radio frequency in the store at the point of sale...
 
The purpose is to make it easier for the consumer to purchase the product... And since EMA is pursuing this and we have been protecting the First Sale rights of retailers and their customers for 28 years, I can assure you that nothing in this will interfere with the rights of consumers to sell, lend, or give away their used games.

DOCUMENT DUMP: Grab a copy of the benefit denial study here.
 
-Reporting from San Diego, GamePolitics Correspondent Andrew Eisen...

 
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WonderkarpI found this neat. Shows the different ways different websites tell the same story. Not VG Related, but its neat https://i.imgur.com/3m6xOfE.jpg01/29/2015 - 2:12pm
Matthew Wilsonnp I am still suprised that the fcc did it, but I still do not trust the chairman yet.01/29/2015 - 2:11pm
Andrew EisenYeah, what I mean is I'm fortunate enough to live in an area where I have the option of up to 50Mbps if I want to pay for it. Meant that as an anecdote; didn't mean it to come across as a "you're wrong!" Sorry 'bout that!01/29/2015 - 2:06pm
Matthew WilsonThat is why I said "every market". for example totalbescuit has TWC, and the best he can get atm is 10/10.01/29/2015 - 1:58pm
Andrew EisenTWC offers speeds that high, at least in my area. (Standard is 15Mpbs)01/29/2015 - 1:54pm
Matthew Wilson@prh I still have my doubts. if anything the big winner is Comcast. they are the only isp in the us that can provide that speed in every market they serve. att, verizon, and twc cant or at least dont.01/29/2015 - 1:50pm
Andrew EisenTrailer for Ted 2 and it looks like it won't simply be a rehash of the first. That's encouraging! https://www.youtube.com/watch?v=S3AVcCggRnU01/29/2015 - 1:49pm
prh99It's nice to see an FCC chair who isn't just there to facilitate monopoly building for cable and telecom. Basically not a dingo.01/29/2015 - 1:46pm
Wonderkarpmine was grandia 201/29/2015 - 1:39pm
Matthew Wilsonoh btw only about 5.6 percent of the us has broadband now.01/29/2015 - 1:21pm
Matthew Wilsonhttp://www.theverge.com/2015/1/29/7932653/fcc-changed-definition-broadband-25mbps did not think the fcc would go through with it.01/29/2015 - 1:16pm
Andrew EisenI know, right? Don't you dare think the fact that I buy all your games makes this sort of behavior okay, TT Games!01/29/2015 - 12:57pm
IanCHow dare thy release games that do well both commercially and critically. How dare they. (refer to the Lego games)01/29/2015 - 12:55pm
Infophile@Wonderkarp: Tales of Innocence. Was in the final dungeon, when I accidentally left my 3DS on an airplane and couldn't get it back. Lost both the game and the system. Got a new system, but not the game (not fun enough to be worth replaying)01/29/2015 - 12:10pm
Andrew EisenOh, thank goodness. There will be at least two console LEGO games this year. For a moment I was worried there! (LEGO Jurassic World, LEGO Marvel's Avengers plus LEGO Ninjago for handheld.)01/29/2015 - 12:08pm
prh99Cminer: It's the only way to monetize Nintendo game videos. Otherwise Nintendo content IDs them and take all the AD revenue. Also it's only covers a small portion of their catalog.01/29/2015 - 12:06pm
ematuskeyWonderkarp: Pretty much every Elder Scrolls game. :p01/29/2015 - 11:53am
CMinerMaybe I missed something; is Nintendo actually going to try and force people to join their program? Or did they just create a program, and people are speculating?01/29/2015 - 10:53am
prh99I wonder if I can craft an AdBlock filter that only blocks ads on Nintendo videos. (not serious)01/29/2015 - 10:46am
WonderkarpI'm still going to do nintendo videos when I start my lets plays. I'm just going to make sure I'm uploading nonnintendo videos more.01/29/2015 - 10:40am
 

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