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Edited by darthrevan96:
6/18/2013 3:15:16 AM
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I hate the word "hurt" being used in this context, and I hate the concept of it "hurting" the industry. Redistribution and resale and god damn ownership is part of the industry. It's not hurting shit, it's how it is and is supposed to be.
They can't be a "bad" thing, it's our right as consumers. It shouldn't even be a topic of discussion, it really shouldn't be a thing. Used anything is our right as a consumer. Great post btw, it does explain it well, I just wish it didn't even need that explanation, it's such an idiotic topic. They've got no right to even think about resold copies.
English
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Oh look, someone else who doesn't understand ownership.
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How is used anything your right as a consumer?
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Why are you dumb?
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What, because I want to keep the right to do what I want with the products I purchase?
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You own the disc, not the license to the content on the disc.
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You own the copy of the contents on that disk, and can do with that disk whatever you want within the restrictions of the law. Like you can't rent your disk to other people for money for instance, but you [i]can[/i] loan your disk to other people, or sell it if you want to. There is a [i][b][u]huge[/u][/b][/i] difference between owning an IP and owning a copy of a game, book, or movie. You don't own the rights to the series just because you bought a copy of a game, book, or movie....you can't make your own story or addition to the series and then sell it for money, all you own is that little copy you bought, and with that copy, you can do whatever the hell you want as long as it's not something illegal. Whether that be selling it, destroying it, lending it to a friend, or keeping it. The owners of the IP can't take that copy from you or legally restrict your use of it, that's violating the whole "First Sale Doctrine" policy. Once they've sold that copy to the retailers, control of it is out of the publishers' hands.
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I should. They have no right to dictate what I do with it.
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The disc is merely a way to distribute the content to you, they still own the license, which is why you can be banned for hacking games while playing online.
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I liked what you said about "hurting" the industry. It's just true that we can't really do anything to them and that we shouldn't feel bad I they hurt. They are billion dollar companies. I think a whole generation of poor sales on everything couldn't hurt them. (Except for Nintendo)
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Edited by Obsric: 6/18/2013 12:00:31 PMI've heard this argument many times before. It's the First Sale Doctrine and it applies to things that are 'tangiable'. Tangible (physical) items can be resold, redistributed, etc. Books and cars fit under this because of the degradation over time. Digital copies of media not subject to the First Sale Doctrine because they're not tangiable (ie not physical degradation over time). CD's, DVD's and games are more a grey area - because although they are delivered in a physical media, their content is digital. So from above: A little bit from Column A (First Sale Doctrine), a little bit from Column B (digital exception). There's a reason Microsoft is making the physical disc a delivery mechanism only - because they can legally defend their position. Think of this what you will - but don't be mistaken in believing the First Doctrine appears to everything you buy.
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CDs, DVDs, and video games are not a grey area, they are a physical medium and the contents of that medium are just as much under First Sale Doctrine as a table, lamp, book, or chair are. They [i]do[/i] degrade over time, if the disk becomes scratched the material is either no longer able to be read and the whole thing becomes useless, or it starts to perform poorly due to scratches or smudges making the game, movie, or music start skipping, freezing, or a multitude of other problems. There's no wiggle room with something on a disk.
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[quote][CD's] are a physical medium and the contents of that medium are just as much under First Sale Doctrine as a table, lamp, book, or chair are.[/quote]This is just simply not true. The case of [i][url=http://www.lw.com/upload/pubContent/_pdf/pub4047_1.pdf]Vernor v. Autodesk[/url][/i] shows the complexity when it comes to digital content in a physical form. Does this apply to every digital format in physical form? Of course not; that's why I said it was a grey area. There's a reason Microsoft is making the physical disc a delivery mechanism only - because they can legally defend their position. Think of this what you will - but don't be mistaken in believing the First Doctrine appears to everything you buy.
