It’s not up to publishers. Publishers tried to put a disclaimer on books preventing cheap resale. The Supreme Court struck it down and it was written into law over 100 years ago.
No, the problem is that people believe “[concept] on a computer” is somehow magically different from “[concept] IRL” when it’s not.
When you buy a game from Steam, you buy a game, not a license, and the First Sale Doctrine applies just as much as it does if you buy a board game from Walmart. Any claims to the contrary are simply lies, and any government support for such lies is simply tyranny.
It doesn’t need an update, it needs enforcement. The law is about copyright holders losing rights at time of sale, not the specific media that the copyrighted material exists on.
The EU enforced their first sale doctrine on Valve.
The physical media is whatever is playing the content. The law doesn’t specify the media.
1909, one year after the Supreme Court ruling: “Your honor, I know that the Supreme Court ruled that publishers can’t add a shrink wrap license that prohibits cheap resale of copyrighted work but you see, I delivered the content on llamas where it was printed onto scrolls at the customer’s home so the law doesn’t apply. You wrote the laws thinking about trains and ships transporting books and I use neither.”
Yeah… virtually every software license disagrees with you. You can’t transfer a steam account, you (according to Microsoft) can’t even transfer the OS license.
Personally I agree that we should be able to do so, but that exactly what is being argued - publishers are ignoring first sale doctrine
It’s not up to publishers. Publishers tried to put a disclaimer on books preventing cheap resale. The Supreme Court struck it down and it was written into law over 100 years ago.
The problem is first sale doctrine applies to the physical media which carries the license of its own content.
No, the problem is that people believe “[concept] on a computer” is somehow magically different from “[concept] IRL” when it’s not.
When you buy a game from Steam, you buy a game, not a license, and the First Sale Doctrine applies just as much as it does if you buy a board game from Walmart. Any claims to the contrary are simply lies, and any government support for such lies is simply tyranny.
That’s a matter of law, and you have to convince the government to update the law accordingly
It doesn’t need an update, it needs enforcement. The law is about copyright holders losing rights at time of sale, not the specific media that the copyrighted material exists on.
The EU enforced their first sale doctrine on Valve.
The physical media is whatever is playing the content. The law doesn’t specify the media.
1909, one year after the Supreme Court ruling: “Your honor, I know that the Supreme Court ruled that publishers can’t add a shrink wrap license that prohibits cheap resale of copyrighted work but you see, I delivered the content on llamas where it was printed onto scrolls at the customer’s home so the law doesn’t apply. You wrote the laws thinking about trains and ships transporting books and I use neither.”
Yes that’s why you can buy software and sell the computer with the licenses following along it, assuming you don’t keep copies separately
Yeah… virtually every software license disagrees with you. You can’t transfer a steam account, you (according to Microsoft) can’t even transfer the OS license.
Personally I agree that we should be able to do so, but that exactly what is being argued - publishers are ignoring first sale doctrine
FYI it doesn’t matter what the license says if the law disagrees