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by traverseda 27 days ago
With a video game it's not clear that you're purchasing a revocable license. That's why it's called "buying" a video game. If online stores were clear that you were actually leasing a game, I don't think this would be a problem.

Publishers and storefronts need to be clear that what you're doing isn't buying, or start selling tickets (season passes) that have a clear end date, or use some other mechanism that isn't "buying".

The fundamental problem is that it's unclear what you're buying, and the contract can change at any time. Are you buying an item, a ticket, leasing, a subscription like an MMO, etc. These are all different things, and it misleads consumers when they're conflated.

The terms are also very one-sided, and your "purchase" can be ended by one party at will with very limited notice. Even basic consumer protection like requiring six months notice before ending your software lease would help.

3 comments

If someone goes to the playstation store to buy a playstation game, you don't think it's clear that they can only play the game on playstation? I think consumers understand what they are buying even if they don't think in terms like revocable licenses and drm. They aren't ignorant just because they don't care about these abstract issues that don't affect their lives at all, practically speaking.
Yes, but first sale doctrine on physical goods means that I can take my Playstation game, which only works on Playstations, and sell it to.a friend after I'm done playing it, or pick up a copy 5-10 years after the game was originally published for cheap from a second hand store like Goodwill. People do understand that, and are understandably pissed off that those same rights don't transfer to the digital realm. If I paid $60 for a copy of GTA IV when it was new but now I can buy a copy for $5 from the used bin, why shouldn't that be true for GTA VI in 15 years after it comes out?
I am understandably pissed that Apple no longer makes small 5-inch iphones because I like them. But other consumers like the bigger phones, so Apple discontinued the mini line.

Is Apple doing me an injustice by not selling me the good that I want?

Is this a question of rights or consumer preferences?

Geez man. I've seen your replies in this thread multiple times. At this point, I have to wonder: why are you so against legislating the actual sale of ownership of video games? How could enacting this theoretical legislation, that you believe is a consumer "preference" (hard disagree, but I'll allow for argument) be in any way detrimental to you? What compels you to lick the boot to a polished shine?
Sort of like how Diary Queen aren’t allowed to call their desserts “Ice Cream” because there isn’t enough dairy, we need to force retailers to start calling them game-licenses? This feels like a whole lot of a big fuss over something like that. I really feel like there must be something deeper going on.
Well the goal is to stop killing games, to make it possible for people to run their own games indefinitely. That's a lot harder than baseline consumer protections though.
Agree. The only way "buying" is understood in English to mean a temporary entitlement is when combined with those terms like "ticket" or "pass."

The choice of language is deliberately made to deceive. If an auto manufacturer tried that, offering to "sell you" a car but the 3-page "Sales contract" had a clause buried in there that said "We can come to your house with 30 days' notice and just take the car back and you have no recourse besides stopping your payments" this would be ruled as grand theft auto (no pun intended) not "the terms and conditions allow it"

There is no perfect word. Ticket and pass imply a fixed duration lease, not an indefinite one. Membership implies continual payments.