Did you think you could resell your demat games one day? Forget!

A video game, when purchased on a disc (physical medium), is yours. You are free to do whatever you want with it, including reselling it. This is not the case for dematerialized video games, those sold in online stores, Steam in the lead on PC. Once purchased, the game is yours (well, as long as the seller and provider of the user rights exists), but it’s impossible to put it back on the market. A clause is generally opposed to it.

Lately in France, in 2019 more precisely, French consumers believed that they would be able to break the lock and this following a lawsuit brought by the magazine “Que Choisir” to the American giant Steam. Indeed, the High Court of Paris concluded that the clause of the terms of use of Steam that prohibits Internet users from reselling such or such games that have even been downloaded is illegal.

On October 21, the Paris Court of Appeal decided to invalidate this ruling. For example, the clause is legal. Indeed, the Court took into account the fact that a video game is not only a simple software, but also an artistic work subject to copyright. And in this case, the introduction of a second-hand market is likely to harm rights holders.

Patatras and back to square one.

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