We're just suggesting the games should be viewed differently when being sold by an individual & by an organization (on an enforcement level that is)
"Viewing someone differently" and passing laws against them to force them to give money to someone they don't otherwise owe a dime to under normal free market rules is pretty much the textbook definition of "taking away their rights." Besides, all that would mean is that game stores can't be incorporated. Or should we take away the rights of companies that aren't publicly traded, too? What about franchise operations? Nope, taking away rights doesn't sound like a good option at all.
But it sure beats a future (to me) where digital distribution reigns & NOBODY is able to share, trade or pass around their games
I'd rather lose video games than lose rights. Taking away rights will ultimately affect all markets. Today it's video game publishers, but what about when Ford decides that the way to avoid sliding into bankruptcy is to collect royalties every time a used car dealer unloads an old Cougar? What other rights would you sacrifice to keep video games around? How about your right to free speech? Maybe video games should include a license that forbids you from writing negative reviews and opinions about the game. After all, bad press hurts sales, and poor sales result in less money. And according to you, publisher revenue trumps rights.
If anything anyone who clearly is so passionate about protecting the rights of the consumer & their games should WANT to do something about the used games market profits not going back into the industry as greater revenue
I fail to see how sacrificing our rights in the free market at the hands of the government so someone can make more money is the same thing as "protecting our rights." By that logic, maybe people who are passionate about protecting the environment should start dumping mercury in the rivers. Buying and selling is a right. Greater revenue is not. Neither is profiting on a market in which you are not selling anything (gamers and game stores are selling
their property, not the publishers'). You seem to genuinely have no idea what a "right" is or what it means for it to be "taken away." Under free market principles, property ownership and transferral is a right, and the used game market is built on that right. A profitable company is not a right. Being around next year for another round of business is not a right. Staying in the black is not a right.
If it's ok for a piece of software to be sold under a specific license agreement (tieing it down to a single user, computer or company) when you download it over the internet (no physical media present)
Licenses are acceptable only when you sign the agreement
prior to the commercial transaction and they include specific termination conditions. Most software licenses are violations of our rights and ought to be prosecuted, and I've said that several times in this thread already. So no, the licenses are largely
not OK. Some of them are. If EA wants to station a representative in every Gamestop to explain the license agreement to me, set up some method by which their property is returned to them once my license is up, and get my John Hancock before I buy a game, more power to 'em. That's within their rights and mine. But there's a reason they don't do it like that, because they actually do want to sell the good. They just want to take away your rights when they do.
Most general software is sold under a specific license for a reason because the fundamental nature of what you're selling is different to say, a house or a car or a chocolate bar..
Yes, of course. Chocolate bars and houses have
far more similarities than video games and books, or video games and board games! It's so clear now!
The fact is that what all these things--including software disks--have in common is that they are goods that can be traded. Goods that can be traded are subject to the free market (unless you are against the free market on principle, which is a different subject). Period. End.
And yes, video games do have value. Try selling that old copy of Rogue Agent for $75.
t's easy to say "the best solution is to make games better so that they're worth $60" but in practise, tight production schedules, financial instabilities & cut features...
You genuinely think software companies are unique in this regard? That in every other industry, you can just wave a magic wand and create profit, but software companies have to work and compete? "The software business is hard, therefore we should take away people's rights."
Why don't you file one then?
Because I make beans as a grad student and wouldn't know where to begin. It's unjust and anyone who understands the free market can tell you why it's unjust, but...and I know this will come as a shock...sometimes the people responsible for administering justice are more apt to listen to folks with the most money at stake. Another news flash: 75 year old judges and congressmen are actually quite prone to the "Computers are special and magical and invalidate everyone's rights" type of arguments, despite their invalidity.
Can you imagine if you were required to put the first month's rent down before you were allowed to read the lease agreement? Is that just
at all?
This whole thread is characterized by the deep, deep immaturity of the video game industry. It sounds to me like the average video game company/developer/fan really has not come to grips with the fact of doing business in the free market. They think that
they're the only people that work hard to get product out the door. They think
they're the only people who have to deal with market fluctuations. They think
they're the only people whose goods get resold. They think
they're the only people who don't make as much money as they think they deserve. They think
they're the only people who make a product that has some unique properties. Frankly, all these arguments boil down to one of only a few things:
1. "Making a profit on the free market is hard."
2. "We could make more money if we took away property rights."
Fact is, that's stuff every business out there has to deal with. If video game developers can't reconcile themselves to it, they should quit and go wait tables or something. It's real simple. If you want to continue to own something,
don't put it on a shelf with a big orange price sticker.