charlequin said:
Video games are digital content, dude. :lol All that means is that this doesn't affect books or vinyl records. It covers CDs, DVDs, and all software.
Important to note that it would not cover music CDs or film DVDs, for example, as there is (typically) no software present and thus no EULA or SLA describing the end user as a licensee, as was the case with this ruling.
EULAs are basically shut doors for developers and publishers to legally fuck consumers, but they're relatively hard to enforce without the parent company's vigilance. AutoDesk was vigilant, its software was expensive, and it stood to actually lose money rather than gain something back via a used market. Game developers gain prominence via the used market; they NEVER had the chance to gain money by law anyway, and thus any whining about their lost revenue (Corey Ledesema) is truly a blight. Gamestop is a blight, too, but they're only taking advantage of the situation like the greedy pigs they are.
Why don't the developers and publishers sue Gamestop? They don't own any copies according to this ruling, not for used or new games. Vernon didn't open the copies of AutoDesk and didn't agree to any EULAs or SLAs, but because he purchased from an entity (several entities, actually) which were only licensees and never owners in the first place, it doesn't matter if he didn't sign any agreements. He was not granted the right to resell as an owner normally has.
AutoDesk owns all copies of its software from here to eternity. No one can legally resell it according to their SLA. All customers are basically licensees, barring another agreement which says otherwise. It works for software that costs $4k a pop, but not games.