2024-10-27 14:00:00
The resale of dematerialized video games: a dream that is flying away
In 2015, the UFC-Que Choisir association initiated legal proceedings against Valve, the company behind Steam, for challenge a clause prohibiting the resale of downloaded games. If the Paris High Court rules in its favor in 2019, the Court of Appeal overturns this decision in 2022. And this legal saga has just ended on October 23, 2024 when the Court of Cassation rules in favor of Valve. According to the magistrates, the resale of dematerialized cultural goods does not fall under the same legal regime as that of physical media. The 2001 EU Copyright Directive does not cover digital services, reserving the “right of resale” for physical goods. The magistrates also considered it unnecessary to appeal to the Court of Justice of the European Union, a sign of the definitive conclusion of the case.
Dematerialized video games are legally considered “complex works,” a status that includes software as well as unique audiovisual and narrative elements. This distinguishes them from simple computer software, for which resale is authorized, as stipulated in a 2009 European directive.. It is on this argument that the UFC-Que Choisir relied, but according to the Court, the complexity of a video game, with its graphics, its music and its scenario, justifies that the right of resale does not apply. does not apply to it. The judges also point out that unlike software that becomes obsolete, a video game can still be used years after its purchasethus justifying the decision.
The victory of the video game giants
This decision celebrates the victory of the big names in the video game industry. Sony, Microsoft, Nintendo and even Apple, although indirectly concerned, see their economic model based on control of the distribution of dematerialized games strengthened. A digital second-hand market would have impacted sales of new games, a scenario that these companies feared. From now on, they maintain total control over distribution, ensuring that each copy sold brings them income.
For players, the end of this legal fight means the loss of a right that consumers of physical goods take for granted: the possibility of reselling a product after use. With the evolution towards everything digital, this decision further widens the gap between physical games and dematerialized games. Players who complete a title will have no choice but to keep it, or to use the family sharing system offered by certain platforms, such as Steam. The UFC-Que Choisir, which fought for almost a decade for this cause, deplores a great disappointment for the purchasing power of consumers of digital cultural goods.
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