And KEVIN!I had a different reaction to the "fightin' words" of THQ's Cory Ledesma than most. I have a different reaction to lots of things, probably. But this in particular.
The idea that THQ is somehow "disrespecting customers" with this kind of rhetoric misunderstands the situation as completely as it is possible to do so.
In a literal way, when you purchase a game used, you are not a customer of theirs. If I am purchasing games in order to reward their creators, and to ensure that more of these ingenious contraptions are produced, I honestly can't figure out how buying a used game was any better than piracy. From the the perspective of a developer, they are almost certainly synonymous.
It's exceedingly rare that I purchase a game from Gamestop these days. I got tired of being harangued for trying to buy products there, or being told that they didn't have a product when they did, or going across the street to Best Buy or Target or Fred Meyer and finding fifty copies of the game I was trying to buy heaped up like some heathen altar to commerce. There's more, besides. At some point in the last few years, I became incredibly uncomfortable with the used games market.
I don't think Online Codes that gate access to multiplayer are a particularly good idea, just watching the kinds of threads it generates - but that's exactly what Xbox Live does, for every game on the platform. Sony's considering codes as well, but they're getting it coming and going: they've committed themselves to a dedicated server infrastructure for first party titles, and multiplayer is "free," so a used copy of a Resistance or an Uncharted 2 is a worst case scenario. I prefer an approach along the lines of the Flashback Pack for the second Gears of War - something fun and extra, that feels like a reward. More treat than trick.
I traded in games for a long time, there's probably comics somewhere in the archive about it - you can imagine how quickly my cohort and I consume these things. It was sort of like Free Money, and we should have understood from the outset that no such thing exists. You meet one person who creates games for a living, just one, and it becomes very difficult to maintain this virtuous fiction.
(CW)TB
happy and wholesome again
Thoughts? Nerd Rage? Agreement?Smackdown vs. Raw 2011's one-time code for online play might upset pre-owned buyers - but THQ 'doesn't care'.
That's according to the publisher's creative director for wrestling games Cory Ledesma, who told CVG that "loyal fans" who are interested in buying the game first-hand are more important:
"I don't think we really care whether used game buyers are upset because new game buyers get everything. So if used game buyers are upset they don't get the online feature set I don't really have much sympathy for them."
"That's a little blunt but we hope it doesn't disappoint people. We hope people understand that when the game's bought used we get cheated," he continued.
How so? It seems rather simple. You buy the game from their distributor they get money for their work, you buy it from gamestop then gamestop gets the money instead. What am I missing?I'm pretty sure THQ's argument is complete bullshit.
Yup yup.PC games have been the same way for decades, console gamers are getting bent out of shape for the same shit PC gamers have been putting up with forever.
Yes, and people do. The fact that sports games sell well every single year is exactly why your argument holds no water. I also find it amusing that it's the same defense used for piracy.Do they really think that people would continue to buy next year's game if they could not get rid of their current one?
When my Craftsman wrench breaks, I can take it back to Sears for a full replacement--regardless of whether I bought it from Sears or a garage sale. Sears has already made their money on that particular wrench. Does it make sense for Sears to require every person who wants a wrench to buy one new? Should you somehow be penalized for buying that same wrench at a garage sale, pawn shop, or from your buddy who no longer needs it because he's retiring from the auto tech industry?I don't expect to get this years mlb roster on my copy of mlb 2k9. Don't see why developers should either.
Ledesma had it exactly right. Why should THQ care about supporting people who don't buy their product?
Yes but Gas, if you buy a used Dodge from a private owner should you get upset when the Dodge dealership won't give you free repairs and maintenance that come with the purchase of a new Dodge? You purchase said Dodge as is. If the warranty is up on it you just have to deal. Dodge has no reason to give you service just because you drive a Dodge.If the video games industry wants to be taken as seriously as the movies, books and music industries, they're going to have to get over their hatred of used game sales. This guy just wants to have his cake and eat it too.
Tycho is also wrong about used game sales being tantamount to piracy. Is buying a used car tantamount to grand theft auto? When you buy a used Dodge from a private owner, none of that money goes to the manufacturer either. Just think of the cavalcade of theft that must be Craigslist.
This is basically my argument as well.If the video games industry wants to be taken as seriously as the movies, books and music industries, they're going to have to get over their hatred of used game sales. This guy just wants to have his cake and eat it too.
Tycho is also wrong about used game sales being tantamount to piracy. Is buying a used car tantamount to grand theft auto? When you buy a used Dodge from a private owner, none of that money goes to the manufacturer either. Just think of the cavalcade of theft that must be Craigslist.
But when you buy a used Car from a private owner and not from a dealership, you don't get the warranty coverage and customization benefits that the dealer would offer. This isn't THAT dissimilar.If the video games industry wants to be taken as seriously as the movies, books and music industries, they're going to have to get over their hatred of used game sales. This guy just wants to have his cake and eat it too.
Tycho is also wrong about used game sales being tantamount to piracy. Is buying a used car tantamount to grand theft auto? When you buy a used Dodge from a private owner, none of that money goes to the manufacturer either. Just think of the cavalcade of theft that must be Craigslist.
This is basically my argument as well.[/QUOTE]If the video games industry wants to be taken as seriously as the movies, books and music industries, they're going to have to get over their hatred of used game sales. This guy just wants to have his cake and eat it too.
Tycho is also wrong about used game sales being tantamount to piracy. Is buying a used car tantamount to grand theft auto? When you buy a used Dodge from a private owner, none of that money goes to the manufacturer either. Just think of the cavalcade of theft that must be Craigslist.
Yes but Gas, if you buy a used Dodge from a private owner should you get upset when the Dodge dealership won't give you free repairs and maintenance that come with the purchase of a new Dodge? You purchase said Dodge as is. If the warranty is up on it you just have to deal. Dodge has no reason to give you service just because you drive a Dodge.[/QUOTE]If the video games industry wants to be taken as seriously as the movies, books and music industries, they're going to have to get over their hatred of used game sales. This guy just wants to have his cake and eat it too.
Tycho is also wrong about used game sales being tantamount to piracy. Is buying a used car tantamount to grand theft auto? When you buy a used Dodge from a private owner, none of that money goes to the manufacturer either. Just think of the cavalcade of theft that must be Craigslist.
They WERE compensated. When it was sold new.Why should they "get over it"? They want to be compensated for the product they create, why are people acting like thats a bad thing?
It's not. What they need to get over is this idea that their product has a fixed perpetual worth to the outside consumer as opposed to a price calculation against value-oriented heterogeneous marketplace that tends to move on to the newest thing.Why should they "get over it"? They want to be compensated for the product they create, why are people acting like thats a bad thing?
Yes but Gas, if you buy a used Dodge from a private owner should you get upset when the Dodge dealership won't give you free repairs and maintenance that come with the purchase of a new Dodge? You purchase said Dodge as is. If the warranty is up on it you just have to deal. Dodge has no reason to give you service just because you drive a Dodge.[/QUOTE]If the video games industry wants to be taken as seriously as the movies, books and music industries, they're going to have to get over their hatred of used game sales. This guy just wants to have his cake and eat it too.
Tycho is also wrong about used game sales being tantamount to piracy. Is buying a used car tantamount to grand theft auto? When you buy a used Dodge from a private owner, none of that money goes to the manufacturer either. Just think of the cavalcade of theft that must be Craigslist.
They WERE compensated. When it was sold new.Why should they "get over it"? They want to be compensated for the product they create, why are people acting like thats a bad thing?
Actually, in this day and age, you should buy it from the developers as directly as possible (if they allow it) if you care about that. They get a bigger cut that way because you're cutting the middle-men distributors out.If it actually matters to you then you should buy it new.
No. Not your point 'exactly'. You are highlighting the "during the warranty period" phrase as if it proves that secondhand owners in your analogy have some kind of expiration date that new owners don't have. And this is a fallacy. The same warranty period applies to both new owners and secondhand owners of cars.my point exactly. If I went out and bought a used copy of MLB 2010 the Show today I would get the exact same online play, roster updates and DLC as the previous owner. If I went out and bought it next February I would not get up to the day roster updates or patches.
Why should they "get over it"? They want to be compensated for the product they create, why are people acting like thats a bad thing?
It's not a bad thing for creators to be compensated, but the used market is part of the product they create. The "right of first sale" is explicit in copyright law for a reason. I think that books, music, movies and other forms of media have benefited from a used market, just as console games have (and PC games used to). While it is true that a used copy of media doesn't directly produce revenue for the creator/publisher, that doesn't mean it has no positive impact. As General Specific already mentioned, many people buy new because they know they can sell it used later. A lot of hardcover books go on to be resold, and paperbacks as well. This didn't kill the book market, nor did it kill the sale of new music, movies, art or any other creative endeavor that is sold. In fact, I think all those markets would be much smaller if people were discouraged from resale of media.From Gabes Twitterfeed: "not saying you can't buy used stuff. just when you buy a used game you are not supporting developers. If that matters to you is your choice."
And he's dead wrong. Player has $400 to spend on games in a year. He buys a $60 game, plays it for a month, sells it for $30. Then he buys a new game for $60, plays it for another month, and sells it for $30, and so on... He ends up buying 12 new games in a year. If he can only get $20 for a used game (that $10 less the price is because of online), then he's down to only 9 games in a year on his budget. If he can't sell the games at all, he's down to 6 titles a year. Unless those currently buying used step up to buy more new (and I don't think that will happen), the game publishers have lost sales because of the damage to the used market.He's not claiming that used==piracy. He mentioned off-hand that used games support the creators as much as piracy does (ie, not at all) but he in no way equates the two.
Bingo.So, for your failed and mangled analogy to hold, everyone would have to lose their online play and updates next February. Just like car warranties expire on the same date for new and secondhand owners.
Check out Jason "LordKat" Pullara's rant about the latest version of Madden. It has a ton of sloppy coding and inexcusable lack of detail for the massive budget it has. The amount of in-game advertising is ridiculous and still they haven't put the effort into giving it the polish that any other game maker worth their salt would. Madden is one of the games that requires a $10 code to play online for used copies. The game is crap, and is solely riding on being the exclusive NFL football game. If Madden were in a competitive sector of the market, like every other game genre, they wouldn't be able to get away with the slip-shod work they put into each year's game. They can complain about a lack of new game sales when they start putting the effort into making the game worth the price they charge for it.I'd feel a lot more generous about "supporting" the poor struggling multibillion dollar game publishers if the price point of video games wasn't so ridiculous and obviously bloated.
They're not getting screwed. Buying second hand does not screw the publishers, nor the developers, any more than buying a used car screws the manufacturer. In fact, you could argue that buying NEW games via brick and mortar stores screws developers even worse because it perpetuates an exploitative and dated business model which enriches the publisher and not necessarily the developer.Either way, you should buy it in a way that supports the developers if you want them to make more games.
@Gas, While you echo my point about the discussion probably needing to actually be about game pricing points, I'm surprised that you take a stance that they have made too much money for you to care. It's okay for "rich" people to get screwed then?
I took the liberty of correcting your statement. People are willing to pay $60 a game, so that's what they're sold at. Games don't have to cost $60 to make Sony/Microsoft a profit (the Wii was never sold at a loss). One of the reasons console customers find $60 games to be acceptable is the used market. PC gamers don't usually have that option anymore, so they've balked at jumping from $50 to $60 (and many, like me, refuse to even pay that much).They price games high because they can because of the console customers.
And he's dead wrong. Player has $400 to spend on games in a year. He buys a $60 game, plays it for a month, sells it for $30. Then he buys a new game for $60, plays it for another month, and sells it for $30, and so on... He ends up buying 12 new games in a year. If he can only get $20 for a used game (that $10 less the price is because of online), then he's down to only 9 games in a year on his budget. If he can't sell the games at all, he's down to 6 titles a year. Unless those currently buying used step up to buy more new (and I don't think that will happen), the game publishers have lost sales because of the damage to the used market.[/QUOTE]He's not claiming that used==piracy. He mentioned off-hand that used games support the creators as much as piracy does (ie, not at all) but he in no way equates the two.
I believe that THQ approach is bad in terms of future customers.I buy used all of the time. Whether it's guitar gear, cars, games, movies, etc. I don't accept the idea that it's wrong for someone to sell something used that they purchased new. If it's in demand, even just a little bit, it has value. Gamestop functions as a broker for the exchange of used merchandise, in this case games, similar to a used car dealership. Good on them.
I do agree that THQ is in no way obligated to support it for those customers that choose to buy a game used and if they come up with a way to do so, then more power to them. For console games, they could set up a system that you have to set up an account for to log into to get downloadable content. I'm all for that, if a company chooses to do that.
To compare it piracy is extreme, at best.
I took the liberty of correcting your statement. People are willing to pay $60 a game, so that's what they're sold at. Games don't have to cost $60 to make Sony/Microsoft a profit (the Wii was never sold at a loss). One of the reasons console customers find $60 games to be acceptable is the used market. PC gamers don't usually have that option anymore, so they've balked at jumping from $50 to $60 (and many, like me, refuse to even pay that much).[/QUOTE]They price games high because they can because of the console customers.
Oh I understand the point (at least I do) The company rather get the money from each person playing the game than just 1 and "shared" among 2-3 people (if not more)The point you all seem to be missing is that the gaming industry just doesn't agree with any of the analogies used. As far as THQ is concerned, you're not buying anything. You're paying for a service they provide. This seems obvious as far as MMO's are concerned; however, the games industry (and THQ foremost amongst them; they're pretty much evil) consider this the case for all games. They would love nothing better than to charge you per hour. Just look at the newest trend in pc games - always-online needed for single player games. Makes no technological sense, but it -does- allow them to link a game to one specific profile, and it's untransferable. I always said I wouldn't go Steam, but I ended up buying a game (Napoleon Total War, to be precise) where I had the option of installing it and linking it with Steam, or not playing it at all. Can't sell on that disc, either. Well, I can, but it's a useless frisbee for the next guy.
For them, a correct analogy is this: you buy an unlimited entry card for the local swimming pool. After a while, you've had enough of swimming, and want to go weight lifting instead. So you sell your entrance pass to the swimming pool, and get a new subscription for the weight lifting hall. A couple of months later, you get tired of lifting weights, so you sell that, and buy another thingie....And so on. You can't do that, either, can you?
And on a completely unrelated note, the second hand market is next-to-non-existent in Belgium.
Steams great if your a retro gamer though. It's much easier to buy copies of older games off of steam for five-ten bucks than it is to find them in stores sometimes.And that's another reason why I don't patronize steam, too.
Hey, if that's what they want, they should be willing to allow me to trade me back their old game in exchange for playing their new one. A license to use a piece of software is not, by default, the same a license to use a service. This would also get them out of needing to maintain levels of support for legacy. That's how most SaaS models work.You're paying for a service they provide.
Hey, if that's what they want, they should be willing to allow me to trade me back their old game in exchange for playing their new one. A license to use a piece of software is not, by default, the same a license to use a service. This would also get them out of needing to maintain levels of support for legacy. That's how most SaaS models work.You're paying for a service they provide.
Yes. Yes, you can.For them, a correct analogy is this: you buy an unlimited entry card for the local swimming pool. After a while, you've had enough of swimming, and want to go weight lifting instead. So you sell your entrance pass to the swimming pool, and get a new subscription for the weight lifting hall. A couple of months later, you get tired of lifting weights, so you sell that, and buy another thingie....And so on. You can't do that, either, can you?
Transfer My Membership - gym membership, gyms, health clubs, membership transfers,If you are trying to sell/transfer your membership you need to advertise the membership for sale in your local paper. The pool does NOT buy back memberships. Download and complete TWO (2) copies of the Transfer Membership Agreement.
Companies like CellSwapper are performing the exact same service that the gym membership swap club I linked above is performing: Finding people who have contracts they no longer want and matching them with people who want them. It's the exact same business model that Gamestop has for used games.It’s a little-known fact that cellphone carriers will let you swap contracts with another person, no matter whether you have one month or two years remaining on your commitment. They just will not help you do the hard work of finding someone who actually wants your contract and the vintage flip phone that came with it.
Yes. Yes, you can.For them, a correct analogy is this: you buy an unlimited entry card for the local swimming pool. After a while, you've had enough of swimming, and want to go weight lifting instead. So you sell your entrance pass to the swimming pool, and get a new subscription for the weight lifting hall. A couple of months later, you get tired of lifting weights, so you sell that, and buy another thingie....And so on. You can't do that, either, can you?
Transfer My Membership - gym membership, gyms, health clubs, membership transfers,If you are trying to sell/transfer your membership you need to advertise the membership for sale in your local paper. The pool does NOT buy back memberships. Download and complete TWO (2) copies of the Transfer Membership Agreement.
The up-front cost of most enterprise software packages dwarfs that of game product costs, though. Also, many companies will charge a yearly maintenance fee for support and patches/upgrades.Oh, and to bring things back to the real world, so we can quit talking about failed analogies like swimming pools, cell phones, car warranties, etc (all of which, it turns out, are transferable), how do software companies handled licensed software?
Cisco Software Transfer and Re-licensing Policy - Cisco Systems
Cisco has specific policies for transferring licenses.
HP.com - software license transfer (policy 2.0)
HP has specific policies for transferring licenses.
Transfer an Adobe product license
Adobe has specific policies for transferring licenses.
I could go on for pages, but I really didn't want to spend more than 5 minutes proving my point.
Bottom line: If I'm buying a LICENSE I should be able to transfer that license to anyone else, along with everything that goes with it. If I'm buying a physical good, I should be able to sell or give that to someone without repercussion.
Games manufacturers want to be in a special category all to themselves. What's the justification? What's the moral reasoning? It's simple greed--to maximize revenues at the expense of the thrifty consumer. And you know what I say to that? Fuck you, game publishers
I often wonder what is the percentage that the developers are getting from digital download format.The entire commercial game development model is broken, and often it's the developers who get shafted as a result. The development cost of games is getting to the point where you have to be a million seller to even make money, the shelf space is limited to only the big money publishers and even then only for a week or two after the game actually hits the shelves (how many shelves are filled with display boxes advertising games "coming soon"?). Game development is such a rabid and competitive environment that to do it you have to be willing to work ridiculous hours for a pittance, and then deal with the promises of profit sharing, when the actual definition of profit sharing depends solely on the publisher's preferred sales numbers.
As a result, eventually something has got to give. Either developers will finally just give up and quit, the Steam digital download model will take over all platforms, games will go to some kind of subscription model, or development project budgets will be seriously scaled back and there will be a complete absence of big budget titles.
My smaller priced adobe products, which are comparable in cost to games, are fully transferable.The up-front cost of most enterprise software packages dwarfs that of game product costs, though. Also, many companies will charge a yearly maintenance fee for support and patches/upgrades.
Yearly maintenance fees are not required. It's related side revenue but has nothing to do with sales. My smaller priced adobe products, which are comparable in cost to games, are fully transferable.[/QUOTE]The up-front cost of most enterprise software packages dwarfs that of game product costs, though. Also, many companies will charge a yearly maintenance fee for support and patches/upgrades.
My smaller priced adobe products, which are comparable in cost to games, are fully transferable.The up-front cost of most enterprise software packages dwarfs that of game product costs, though. Also, many companies will charge a yearly maintenance fee for support and patches/upgrades.
Yup..but if you don't need support, you can do without monthly/yearly fee. I work at a company that uses VM on our mainframes. We buy the license for the software, but we have our own VM wizard. We don't pay the extremely high support fee. But even if we did, that support contract would be fully transferable to a third party along with our VM licenses. So, really, this side discussion adds nothing new to the debate.They're often required if you want to use the latest version of a piece of software or get support on the product (granted, I'm mostly talking products that cost upwards of $50k to license and maintain).
This is because the MMO model is really new, as far as the courts are concerned. That said, courts are starting to get pulled into the fray, and we are starting to see mmo objects treated more like real property.now we get into some weird areas.
I know that standard EULA agreement for MMO subscription are generally not transferable UNLESS it is built into the system like character transfer. It is generally frown upon (even in Blizzard) for me to give my account to a friend to take over. (that was a year ago not sure if that has change)
There may not be any direct financial payment to game developers, but that's a far cry from having the same effect as piracy. The market for used games promotes and supports the market for new games. Gamestop wouldn't be as big a business as it is now if it didn't buy and sell used games. If Gamestop weren't as big as it is now, they wouldn't be able to hold their big game launch midnight-release events, and the publishers would get less support for advertising their new games.1) TYCHO DID NOT SAY BUYING A USED GAME IS THE SAME AS PIRACY. He said it has the same effect, ie, no support financially of the game developers.
There may not be any direct financial payment to game developers, but that's a far cry from having the same effect as piracy. The market for used games promotes and supports the market for new games. Gamestop wouldn't be as big a business as it is now if it didn't buy and sell used games. If Gamestop weren't as big as it is now, they wouldn't be able to hold their big game launch midnight-release events, and the publishers would get less support for advertising their new games.[/QUOTE]1) TYCHO DID NOT SAY BUYING A USED GAME IS THE SAME AS PIRACY. He said it has the same effect, ie, no support financially of the game developers.
Hell, if they rereleased this, I'd gladly pay full retail price, because it'd be way cheaper than the ridiculously overpriced used copies you find nowNow I feel bad buying Shadow of the Colossus used, but it came out six years earlier, so nothing I could do.
There may not be any direct financial payment to game developers, but that's a far cry from having the same effect as piracy. The market for used games promotes and supports the market for new games. Gamestop wouldn't be as big a business as it is now if it didn't buy and sell used games. If Gamestop weren't as big as it is now, they wouldn't be able to hold their big game launch midnight-release events, and the publishers would get less support for advertising their new games.[/QUOTE]1) TYCHO DID NOT SAY BUYING A USED GAME IS THE SAME AS PIRACY. He said it has the same effect, ie, no support financially of the game developers.
There may not be any direct financial payment to game developers, but that's a far cry from having the same effect as piracy. The market for used games promotes and supports the market for new games. Gamestop wouldn't be as big a business as it is now if it didn't buy and sell used games. If Gamestop weren't as big as it is now, they wouldn't be able to hold their big game launch midnight-release events, and the publishers would get less support for advertising their new games.[/QUOTE]1) TYCHO DID NOT SAY BUYING A USED GAME IS THE SAME AS PIRACY. He said it has the same effect, ie, no support financially of the game developers.
Actually he's argueing that game developers receive benefits from the used game market that they don't get from the rampant piracy.So, if I'm understanding correctly, you're trying to change Espy's mind about direct financial benefits of the used game market by arguing about indirect financial benefits of the used game market?
I'm in Australia, so I need a PAL version. Sometimes there are reasonably cheap copies on Amazon.co.uk, but in those cases, they never ship to Australia.I got it used for $20 from Gamestop in June.
And it's being sold for $20 from Amazon retailers.
You don't understand at all. Tycho said that used games sales have the same effect on publishers as piracy. I disagree with that because the used game market provides many benefits to publishers that piracy does not.So, if I'm understanding correctly, you're trying to change Espy's mind about direct financial benefits of the used game market by arguing about indirect financial benefits of the used game market?
You don't understand at all. Tycho said that used games sales have the same effect on publishers as piracy. I disagree with that because the used game market provides many benefits to publishers that piracy does not.[/QUOTE]So, if I'm understanding correctly, you're trying to change Espy's mind about direct financial benefits of the used game market by arguing about indirect financial benefits of the used game market?
The "pay to play online" plan is aimed at game rentals as well as used games. Movie studios tried to get movie rentals made illegal (and couldn't) but game makers may figure out how to make game rentals impractical for many titles.Taking the "gotta support the developers" idea further... Libraries are cheating authors and publishers each time a book is lent out. Video rental stuff (Redbox, Netflix, Blockbuster) is cheating the companies out of money with each rental. Yes, both systems pay a higher initial cost for the product (book, dvd) but don't pay anything back to the originators after that initial sale.
They WERE compensated. When it was sold new.Why should they "get over it"? They want to be compensated for the product they create, why are people acting like thats a bad thing?
You don't understand at all. Tycho said that used games sales have the same effect on publishers as piracy. I disagree with that because the used game market provides many benefits to publishers that piracy does not.[/QUOTE]So, if I'm understanding correctly, you're trying to change Espy's mind about direct financial benefits of the used game market by arguing about indirect financial benefits of the used game market?
Ah, but they aren't selling a product, they're selling an experience!I agree with you Gas (for once). Why on Earth should a company be compensated over and over again for the sale of a used product?
Which is why there are talks of laws about digital property. Right now the consumer has almost no rights when it comes to digital distribution. While "right of first sale" is something being talked about, it's hardly the only issue when it comes to digital distrubution. For instance if Valve decides I'm a bad customer, I get locked out of all of my Steam purchases with virtually no recourse. That would be one area that a digital property act would address. Also would be discontinuation of services (if a company shuts down it's authentication services), legal recourse for failure to deliver goods (Steam doesn't ever unlock the game you paid for? You can't just chargeback your credit card, Steam will cancel your account entirely if you do that.) and probably a lot of other issues as well.The current distribution system, unfortunately for media creators, supports the consumer's right of first sale, but you can see they are moving (slowly) away from that model.
They may be able to distribute their material however they want, but just as copyright law made it expressly legal to resell a book, it's quite possible that resale of e-books will be legalized as well.I don't like that, personally, but it's their right to distribute their copyrighted material how they like, and if they stop using physical media I doubt that the courts are going to stand up for the consumer and give them the right to sell old digital bits.
Well there has been quite a bit of talk in the law about how enforcable those EULAs are. And I think a couple times they have come up in courts the judges have ruled that certain parts were just too much.Actually i heard that first sale still applies to digital stuff, but they make sure to have the EULA state that they're not selling you the product, they're licensing it to you or something like that, so unless you sell the game before installing it you don't qualify for it.
Well there has been quite a bit of talk in the law about how enforcable those EULAs are. And I think a couple times they have come up in courts the judges have ruled that certain parts were just too much.Actually i heard that first sale still applies to digital stuff, but they make sure to have the EULA state that they're not selling you the product, they're licensing it to you or something like that, so unless you sell the game before installing it you don't qualify for it.
Excellent news. In the ongoing case involving Autodesk and a guy, Timothy Vernor, who was trying to sell legally acquired used versions of AutoCAD on eBay, the district court judge has ruled that Autodesk has no right to restrict the sales of its used software. This wasn't a huge surprise, as the court indicated as much last year, when it refused to grant Autodesk's motion to dismiss the case. But this is an important ruling for a variety of reasons. Beyond just reiterating the well-established right of first sale on software, it also helps clarify that when you by a piece of software, you own it, rather than just license it.
Actually he's argueing that game developers receive benefits from the used game market that they don't get from the rampant piracy.So, if I'm understanding correctly, you're trying to change Espy's mind about direct financial benefits of the used game market by arguing about indirect financial benefits of the used game market?
^-- This is what I think THQ is thinking, which can be a bad bad decision in my opinion.Not quite.
It's more that THQ is trying to encourage upfront sales by discouraging used sales because they think that the secondary used market has no value to them. This could be bad because they're assuming that the vast majority of used buyers would prefer to buy the full-price new retail box instead of preferring to just not buy the game, and it rejects the idea that the secondary used market has any value whatsoever.
More than that, THQ risks pissing off consumers (even those who buy new or don't play online) and causing them to think about game prices more than they already do. Businesses want their customers happy to fork over money and satisfied with the product, not resentful and jadedly checking to see if they're getting value for their dollar.So, long story short, THQ is experimenting with a model that could encourage more upfront sales and discourage used game sales, and this could be bad because it might not help gamestop expand their used game sales which might lead to them being unable to hype games that have not been released. Am I getting that right?
Ok, got it. Thanks.Not quite.
It's more that THQ is trying to encourage upfront sales by discouraging used sales because they think that the secondary used market has no value to them. This could be bad because they're assuming that the vast majority of used buyers would prefer to buy the full-price new retail box instead of preferring to just not buy the game, and it rejects the idea that the secondary used market has any value whatsoever.
More than that, THQ risks pissing off consumers (even those who buy new or don't play online) and causing them to think about game prices more than they already do. Businesses want their customers happy to fork over money and satisfied with the product, not resentful and jadedly checking to see if they're getting value for their dollar.[/QUOTE]So, long story short, THQ is experimenting with a model that could encourage more upfront sales and discourage used game sales, and this could be bad because it might not help gamestop expand their used game sales which might lead to them being unable to hype games that have not been released. Am I getting that right?
*looks at the long list of games he bought from the holiday sale last year*I can't wait for Xmas and Black Friday sales on Steam
*looks at the long list of games he bought from the holiday sale last year*I can't wait for Xmas and Black Friday sales on Steam
Me neither. Unless it is about getting money from selling games.I still don't understand how buying a physical product (like a console game cd) and then reselling it, equates to piracy.
If you still don't get what he's talking about regarding used games and piracy etc, or still think he's saying they are the "same thing" then I don't really know what else to say. He can't be much clearer about his point.It turns out that used games are a tremendously controversial issue. Part of the reason response to the comic and post has been so massive is that (aside from our inflammatory presentation) this conversation has been a long time coming. The thing for the commentariat to do about this issue typically is to carve out as populist a stance as possible, to cluck and tut tut about it so as to ingratiate themselves to you as much as possible, and then follow up by posting a picture of a belt buckle. That strikes me as a bit precious.
Because this is the Internet, every argument was spun in a centrifuge instantly and reduced down into two wholly enraged, radically incompatible contingents, as opposed to the natural gradient which human beings actually occupy.
People who buy used games are not pirates, by definition. Used games (used everything, really) are and will continue to be a legal and protected form of commerce. Other industries have done what they can to co-opt, destroy, or harvest those markets, but their existence is settled law. What I have said is that the end result of that purchase from a developer perspective must be indistinguishable. Isn't it? That is the question I couldn't answer. I still can't answer it. And because I couldn't, I had to change the way I invested my leisure dollar.
People want to talk about used cars, or libraries, or any other thing really, but I'm not talking about the universe in general - I'm talking about the tiny part of it I have any control over. That bit up there is the part I can't resolve: the moral dimension contained within the purchase. Yes, I'm giving somebody money when I buy used. Is that sufficient? What is the end result, and what systems am I sustaining by doing so?
I'd rather not think about things like this, believe me. I'd rather be Mr. Perpetual Good Times, but I'm not built that way. On the whole, I'd say thinking has been a tremendous inconvenience.
I DID understand that he wasn't equating used games to piracy. What I didn't get was this: that he wasn't sure if both things were or not distinguishable from the developer's perspective. I read his previous post as saying they were indistinguishable. My bad. (You got to admit the strip+post together did seem to point that way, though)What I have said is that the end result of that purchase from a developer perspective must be indistinguishable. Isn't it? That is the question I couldn't answer. I still can't answer it. And because I couldn't, I had to change the way I invested my leisure dollar.
Even new, usually not the developer. That's what's a bit irritating about Tycho's pseudo-moral stance. His whole stance was based on being "one of the creative people", but the "creative people" for big games most of the time don't see the slightest difference in personal income whether a game does well or not, because most big games are sold by publishers, not developers, and they make most of their money from selling to distribution chains, not customers (MMO subscription models are big precisely because they allow publishers to cut out the middleman).Most people probably NEVER think about where those dollars are going.
Buying a used game may not benefit the company that made the game, at least not directly, but it does benefit the game industry, as a whole, in ways that piracy does not. Therefore the result of buying a used game is not the same as pirating it.You go buy that game used from Gamestop, which is fine and legal, and it does none of that. It doesn't make it "Bad" or "evil" but it doesn't support the company. At least thats how I'm understanding his point.
It certainly does. I'm not trying to equate the level of support between buying new from anywhere versus buying used (my apologies if I gave that impression). But Tycho's confusion is based around the idea that there is no functional difference in levels of support between the used market and piracy, and at absolute bare minimum, the used market has demonstrated a propensity to actually pay for games from that company. Unlike a pirate, you can make a reasonable assumption at a chance to convert a used buyer to a "new" buyer when the sequel rolls around.But it does support the company, it does show support for the game and it does give incentive for them to make more games, as suddenly their games make profit.
Buying a used game may not benefit the company that made the game, at least not directly, but it does benefit the game industry, as a whole, in ways that piracy does not. Therefore the result of buying a used game is not the same as pirating it.[/QUOTE]You go buy that game used from Gamestop, which is fine and legal, and it does none of that. It doesn't make it "Bad" or "evil" but it doesn't support the company. At least thats how I'm understanding his point.
How is that not what this discussion is about? Tycho said that "the end result of that [used] purchase from a developer perspective must be indistinguishable [from piracy]". I'm saying that devlopers need to take a broader view of the used market, just as book publishers, music companies and the car industry have to (heck, car makers even use resale value to sell new cars). The game industry is not alone in this. Take this New York Times article for example: Reading Between the Lines of Used Book Sales. To quote "there are two distinct types of buyers: some purchase only new books, while others are quite happy to buy used books. As a result, the used market does not have a big impact in terms of lost sales in the new market. Moreover, the presence of lower-priced books on the Amazon Web site, Mr. Bezos has noted, may lead customers to "visit our site more frequently, which in turn leads to higher sales of new books.'" The study found that "only about 16 percent of the used book sales directly cannibalized new book sales" and that's despite a much steeper price difference between new and used books. Used books typically sell for 75% of the new price (and used textbooks go for even less), whereas popular games often sell for 90% of the original price. Even Madden 2011 (which has a $10 fee for used to play online) is selling for 80% of it's new price. All this despite book publishers claiming that used sales on Amazon will "will cut significantly into sales of new titles, directly harming authors and publishers."And thats great, but it's not what the discussion is about. You want to bring up this vague, insupportable idea that buying used games benefits "the industry". Great. I'm sure there are fantastic numbers to back that up. But it's still not what the discussion is about. It's just a way to argue that buying used games isn't all bad, which is true. However, in regards to directly supporting the game publisher/developer, the only way to do that is to buy their game new. So for the developer, if you pirate their game or buy a used copy it all equals out to the same (in general, not counting any vague "it supports the industry" stuff that is probably true but not really quantifiable) in their pockets and numbers. Does that make sense? I'm not trying to say you are a "pirate" if you buy a used game, in fact, as has been pointed out about a billion times, NO ONE IS, but it has a similar effect is Tychos argument. And he's right. It doesn't make it bad or evil or wrong, in fact I would argue that game developers would push for 2 things to fight this: 1) Lower game costs to begin with and 2) ANYTHING other than piracy, because with piracy NO ONE benefits at all.
Actually, thanks to the tubes, and depending on the game, it can be very quantifiable, at least as a ratio of boxes sold vs # of registered players, boxes sold vs active players, etc.So for the developer, if you pirate their game or buy a used copy it all equals out to the same (in general, not counting any vague "it supports the industry" stuff that is probably true but not really quantifiable) in their pockets and numbers.
No that is exactly what the argument is about. It's about the used game market vrs. the new game market. It isn't about the out of context and worthless comparison of new game purchase vrs. used game purchase.And thats great, but it's not what the discussion is about. You want to bring up this vague, insupportable idea that buying used games benefits "the industry". Great. I'm sure there are fantastic numbers to back that up. But it's still not what the discussion is about.
No it doesn't and that is where they are wrong. According to Gamestop about 1/3rd of the money spent on new games in their stores comes from the trade in of old games. Now how much of their sales come from Gamestop and how much comes from the big retailers I don't know. But if the players trading in their own games have a 33% increase in their buying power it is exactly quantifiable and it does have a sizable increase in their profits.It's just a way to argue that buying used games isn't all bad, which is true. However, in regards to directly supporting the game publisher/developer, the only way to do that is to buy their game new. So for the developer, if you pirate their game or buy a used copy it all equals out to the same (in general, not counting any vague "it supports the industry" stuff that is probably true but not really quantifiable) in their pockets and numbers.
Bullshit Tycho compared the used game market to piracy for one reason only. He wanted to link the two in the reader's mind and by saying that there is no difference in the effect a clear lie he is condeeming them both equally.Does that make sense? I'm not trying to say you are a "pirate" if you buy a used game, in fact, as has been pointed out about a billion times, NO ONE IS, but it has a similar effect is Tychos argument. And he's right.
Would be great if they were proposing anything like this. They aren't of course. If it wasn't for the fact that they were starting to get behind Steam I would be comparing them to the CD industry in their stupidity.It doesn't make it bad or evil or wrong, in fact I would argue that game developers would push for 2 things to fight this: 1) Lower game costs to begin with and 2) ANYTHING other than piracy, because with piracy NO ONE benefits at all.