xs_mini_neo said:You know what hurts the game industry more?
Hacks. Greed. General stupidity. Virals. Hype addictions. Little creativity. Gender and Culture wars.
But let's blame used games instead.
No, that's not how businesses work. It is *never* the customer's obligation or responsibility to watch out for the business's well-being. If the business is not capable of creating a working business model, then maybe the people involved should find new jobs. As for the games, as long as there is consumer demand for games, there will be someone who will be smart enough and capable enough to try to satisfy that demand.RoH said:You should feel sorry for them, you should also want to feed their families because if you (consumers as a whole) don't then they wont make games. Its like a bartering for anything ; if the creator is not making what the market dictates they should, why should the creator make the product?
Mario said:Used games are an issue. I personally think commercial used game sales are a bigger issue than piracy.
Leondexter said:You're wrong. Piracy does not drive new game sales, but used games do, and on a large scale.
Mario said:I disagree.
Gamestop is incentivised to shift consumers from new purchases to used purchases, and having built it into their process they do so aggressively.
Mario said:I disagree.
Gamestop is incentivised to shift consumers from new purchases to used purchases, and having built it into their process they do so aggressively.
If used game sales disappeared overnight, I contend new game sales would go up. I think the same would happen if piracy disappeared.
Neither of us can really prove our respective positions though.
Yes, they do. But they also drive more pre-orders than any other retailer, probably more than all others combined. When you trade in a game, the first question out of their mouth is "do you want to put this toward a pre-order?" and the second is "do you want to get a new game", because they'll give you an extra 20% on the trade-in if you say yes.Gamestop is incentivised to shift consumers from new purchases to used purchases
Magnus said:All the comments about watching the ending on youtube make me think that this idea's adoption would go well past rendering the ending as DLC, but rather the whole final quarter of a game, or other modes in the game like multiplayer.
I have tried countless times to convince the people I work with to stop trying to pitch creatively defunct crap, and for a while they tried hard to do that, but while most publishers will say "oh hey, that's really interesting, we're all about innovation, let's move this forward" they never seem to follow through and call back or send the contracts through or whatever.Segata Sanshiro said:I think there are a lot of things that would make game sales go up, but it seems that a lot of people in the games industry are only willing to consider solutions that don't involve admitting that they are part of the problem.
Mario said:Used games are an issue. I personally think commercial used game sales are a bigger issue than piracy.
tahrikmili said:The day game companies try to sell me games I can't 'own' will be the day I quit buying games. Then we'll see which one is a bigger issue.
haowan said:You probably haven't bought any games since the PS2 era then. You don't own the games you buy, only a license to play them. Yes it's nonsense and yes it's unenforceable and yes it is illegal in respect of consumer rights, but there it is on the box. I see you have a 360 controller in your avatar there. Bought anything from XBLA recently? You think you 'own' that?
haowan said:You probably haven't bought any games since the PS2 era then. You don't own the games you buy, only a license to play them. Yes it's nonsense and yes it's unenforceable and yes it is illegal in respect of consumer rights, but there it is on the box. I see you have a 360 controller in your avatar there. Bought anything from XBLA recently? You think you 'own' that?
Publishers would love for us all to believe this, but it's BS. Nice try, but it flopped. If these hilarious "you don't really own it" agreements were at all legal, Gamestop and Ebay would have been sued out of business 10 times over by now. They're not just unenforcable, they're simply not valid.
On the digital side, we'll see, this may play out in court again, but the way I see it, I can still sell my downloaded games. I just can't physically separate them from my console. The lack of a physical game doesn't give the publisher my rights, it just makes it difficult for me to exercise them.
haowan said:You don't own the games you buy, only a license to play them. Yes it's nonsense and yes it's unenforceable and yes it is illegal in respect of consumer rights, but there it is on the box.
Leondexter said:It may not be provable, but the data supports my theory better than yours, considering how Gamestop's new game sales have increased right along with their used game sales.
charlequin said:Nnnnnnope. If you buy a commercial game, you have:
1) That physical copy of the game, which you own and may do with as you will (keep unopened, sell off to someone else, play frisbee with),
2) The ability to make use of the content on the disc,
3) The right to make limited use of the name, appearance, and trade dress of the product in order to resell it.
EULAs are not actualy a vehicle by which game publishers can legally remove legitimate consumer rights like the principle of first sale. There is no provision under copyright law where any copyright-holder can "revoke" your right to use any work you've paid for a physical copy of.
Segata Sanshiro said:No, that's not how businesses work. It is *never* the customer's obligation or responsibility to watch out for the business's well-being. If the business is not capable of creating a working business model, then maybe the people involved should find new jobs. As for the games, as long as there is consumer demand for games, there will be someone who will be smart enough and capable enough to try to satisfy that demand.
The gaming industry's business model *has* to change. Virtually everyone can see that. The problem is that an awful lot of people in the industry seem to think the correct strategy for this is to choke more money out of the existing consumer base. That's a very, very risky strategy.
EULAs have never been tested in a court of law.Campster said:Tell that to people banned from World of Warcraft for doing nothing more than playing in a way Blizzard finds disreputable, or to people who can no longer use XBox Live because of a mod chip. Their legal argument isn't "You cheated so we can make you stop playing!" Their argument is "Hey, it's in the EULA - you violate it and we have every right in the world to prevent you from using the software from our end, rendering your disk a coaster."
And besides, Haowan's correct - you buy a license to software, not the software itself. You don't buy the game, you buy a license for private use under the terms of the EULA. This license can be sold and exchanged as a part of the doctrine of first sale, but you don't "own" the game. And yes, it is stupid, but welcome to the world of modern IP law.
Campster said:Tell that to people banned from World of Warcraft for doing nothing more than playing in a way Blizzard finds disreputable, or to people who can no longer use XBox Live because of a mod chip. Their legal argument isn't "You cheated so we can make you stop playing!" Their argument is "Hey, it's in the EULA - you violate it and we have every right in the world to prevent you from using the software from our end, rendering your disk a coaster."
And besides, Haowan's correct - you buy a license to software, not the software itself. You don't buy the game, you buy a license for private use under the terms of the EULA. This license can be sold and exchanged as a part of the doctrine of first sale, but you don't "own" the game. And yes, it is stupid, but welcome to the world of modern IP law.
Campster said:Tell that to people banned from World of Warcraft for doing nothing more than playing in a way Blizzard finds disreputable, or to people who can no longer use XBox Live because of a mod chip.
And besides, Haowan's correct - you buy a license to software, not the software itself.
So what exactly stops game companies from making playing a single player game a "service" as well? You would still retain every right to resell your (useless) game discs, manual and box of course.Chrange said:You bought the game, you don't own the service. You can do whatever you want with your copy of WoW - replace all the Murlocs with sexy barmaids or whatever. That's up to you. But if you do something Blizzard doesn't like, they don't HAVE to let you on the service. You agree to the terms of use for that service before you connect to it.
Same with the 360. You can modify it all you want, but if you do Microsoft doesn't have to let you keep using Xbox Live.
Guled said:think of it this way, you have every right to buy a game used and screw the publishers out of money, they have every right to make game ending DLC if you buy it used. If you buy a game used, the devlopers get no money, so stop acting like they owe something to you. So if you screw over the publishers why isn't it ok for them to screw you over?
Durante said:So what exactly stops game companies from making playing a single player game a "service" as well?
if you buy a game used, you are not pay the publisher at all. So why should people whine like they owe them something after they just ripped them offtahrikmili said:Because I pay the publishers, not the other way around. If they want to make money, they should go screw themselves, not me.
Shins said:Read and comprehend this, people. It rather changes the statement. Paid DLC endings suck shit; free DLC as a means of curbing used game sales and piracy is A-OK.
Neither. I was asking about the legality of it, since earlier in the thread someone claimed this would be illegal. I admit to not having kept up with the intervening pages though. So everyone agrees now that there is no legal problem with doing that?charlequin said:Have you perhaps somehow failed to notice either game publishers' attempts to create service-based DRM mechanisms on newly-sold single-player games, or the extreme backlash from consumers that this trend has generated?
"Screw over the publishers" implies that the game-buying populace owes a fucking debt to the publishers. And besides, the game buying populace has and will exercise the right to not buy a company that implement's this strategy's products.Guled said:think of it this way, you have every right to buy a game used and screw the publishers out of money, they have every right to make game ending DLC if you buy it used. If you buy a game used, the devlopers get no money, so stop acting like they owe something to you. So if you screw over the publishers why isn't it ok for them to screw you over?
Guled said:if you buy a game used, you are not pay the publisher at all. So why should people whine like they owe them something after they just ripped them off
Guled said:if you buy a game used, you are not pay the publisher at all. So why should people whine like they owe them something after they just ripped them off
Durante said:Neither. I was asking about the legality of it, since earlier in the thread someone claimed this would be illegal.
well publishers don't owe anything to people who buy their games used, so why is it not ok for them to screw over people who buy it used?Angry Grimace said:"Screw over the publishers" implies that the game-buying populace owes a fucking debt to the publishers. And besides, the game buying populace has and will exercise the right to not buy a company that implement's this strategy's products.
Guled said:if you buy a game used, you are not pay the publisher at all. So why should people whine like they owe them something after they just ripped them off
It's not a matter of anyone "owing" anything. Where you getting this from? Seriously, what's with the angry, aggressive pro-publisher schtick?Guled said:well publishers don't owe anything to people who buy their games used, so why is it not ok for them to screw over people who buy it used?
I wonder who's being ripped off when the publisher is intentionally shipping incomplete products?HK-47 said:Put the company before thyself. Wonderful mantra
if you buy it used, that is one less sale for the developer and when stores like gamestop make most of there money off used games it shows that publishers are losing millions of dollars and that to me is ripping them off. When you buy a game, you are paying the developer to play that game, when you sell it to someone else they are paying you to play that game, so they are getting the entrainment value of years of hard work and millions of dollars without paying the people who put that effort in making the game. So in my eyes, when you buy a game used, you are ripping off the developers. I agree that this is going a but to far and they are better ways of handling it(like epic did with GoW2, they could even make the multiplayer dlc which would end most of the problems you have with itLeondexter said:The very fact that you used the words "ripped them off" proves you don't understand the situation. Buying second hand is not stealing. The publisher has already been paid for the product. Not paying them twice does not equate to theft.
To address the question the way you meant it: no, the publisher has no obligation to the second hand buyer. That also is not the issue. The issue is how any such mechanisms would affect the original buyer (also known as "me"). A mechanism designed to hamstring a second hand buyer also prevents me from loaning the game to my friend, playing it without an internet connection (or without making a phone call), or even playing it on my 2nd console in the other room while my wife watches a movie on the "main" console.
Even a small inconvenience on an entertainment product may be enough to turn away buyers. And there are always screw-ups: one person who can't get the game to work can turn into a news story about it, which can affect sales.
It's a bad idea. There are much better, proactive ways to discourage the second hand market. Look through this thread or several earlier ones for lots of ideas.
Guled said:if you buy it used, that is one less sale for the developer
Guled said:if you buy it used, that is one less sale for the developer
and when stores like gamestop make most of there money off used games it shows that publishers are losing millions of dollars and that to me is ripping them off.
So in my eyes, when you buy a game used, you are ripping off the developers.
really, so getting a game for 5$ off means it totally worth it now? Also, what I'm saying is that when buying a used game, if publishers cut stuff out like the ending or mp maps you shouldn't bitch about it if you are not paying the people who made the game a single centKintaro said:That's assuming the person thought the game was worth buying new for full price.
Actually, it shows me that it's impossible to make a profit on new gaming products alone. That's pretty much why every single gaming only retailer out there will also sell used games or even rent them out.
Boo fucking hoo. When a person buys a game used it means simply one thing to me. The game wasn't the asking price so the consumer exercised their right to find a better deal. Consumers love new products. When new products cost too much than it's perceived worth, said consumers will find better deals. It's really that simple.
Anything I can do to reduce the price makes it worth it. This includes saving on the purchase price and also *knowing* that I can resell the game if I don't like it. Don't worry though, I won't bitch too much if they cut stuff like the ending in a used game. I just won't buy any of their games anymore.Guled said:really, so getting a game for 5$ off means it totally worth it now? Also, what I'm saying is that when buying a used game, if publishers cut stuff out like the ending or mp maps you shouldn't bitch about it if you are not paying the people who made the game a single cent
Each and every premise you posit is flawed. They aren't "losing millions" because it wasn't theirs to begin with. You're assuming that a buyer was going to buy it new if they didn't buy it used. Your entire argument is highly fallacial becuase it relies on false premises and a series of appeals to a vague concept of consumer ethics with at it's core is entirely incompatible with basic capitalism. Besides, making multiplayer DLC makes no sense at all; because everyone has to have a copy of the game to play multiplayer.Guled said:if you buy it used, that is one less sale for the developer and when stores like gamestop make most of there money off used games it shows that publishers are losing millions of dollars and that to me is ripping them off. When you buy a game, you are paying the developer to play that game, when you sell it to someone else they are paying you to play that game, so they are getting the entrainment value of years of hard work and millions of dollars without paying the people who put that effort in making the game. So in my eyes, when you buy a game used, you are ripping off the developers. I agree that this is going a but to far and they are better ways of handling it(like epic did with GoW2, they could even make the multiplayer dlc which would end most of the problems you have with it