168 karma · joined July 4, 2013
Adobe has moved to a subscription based model, which makes the UsedSoft v Oracle ruling irrelevant. Microsoft may actually let you resell your used software, many companies do. In fact Adobe actually used to let you resell your used software so long as you didn't keep a copy of it.
The main companies that don't let you resell your used software are Valve (Steam), Apple (App Store), Google (Google Play) and Autodesk. I think that all of these companies are violating the UsedSoft v Oracle ruling by not allowing EU users to resell their apps, games and software, which is why I started halfpricedigital.com
The difference between my site and ebay is that because my company is based exclusively in Europe, my site isn't bound by the Vernor v Autodesk ruling and instead relies on the UsedSoft v Oracle ruling, at least when it comes to EU citizens. This is what allows my site to let EU citizens resell their used iOS apps or even their used Steam games. Other than the UsedSoft v Oracle issue, my site operates pretty much like ebay regarding software usage restrictions.
As for payment gateways, I wanted to stick to well-known gateways like PayPal and Skrill that consumers would already have accounts with.
I'm sure that walking into a bank in Europe probably would have quickly resulted in the opening of an account, but getting to Europe posed a problem for me as I'm based in the US and didn't have the funds to make the trip. Thus, Bitcoin!
I don't know if the law requires a mechanism for transfer as much as it requires the software maker not to prevent transfers. So the process could be manual (via email), as long as a process exists. But a mechanism in the software or marketplace would make everyone's lives easier.
You have avoided the issue of whether or not second-hand markets positively impact the primary market. For example, if people weren't able to sell their used cars, would they be more or less likely to buy new cars. I think that the answer is pretty obvious. If people couldn't resell their used cars ever, they would buy new cars less often. Mainly because people often partially pay for new cars by trading in or selling their old cars.
I agree with namlem's comment "Why does incurring the costs associated with resale on the industry in any way morally gray? It's the manufacture's right to price items accordingly. They can just raise it to compensate." The manufacture should simply price the existence of a resale market into their product. That's what ever merchant other than Steam already does.
Steam is breaking the law in the EU and their illegal business model (not allowing resales) is what allows them to undercut the prices of their competitors. Don't you find that to be a moral grey zone?
The problem with making the argument, as I suspect you are, that because games are intellectual property that they shouldn't be able to be resold when you are done with them, is that almost everything is intellectual property. Think of how many parts of your car are patented. Those patents are intellectual property. If you let Steam say that you don't own the games that you buy then you opening the floodgates to a world where you don't own anything that you buy - you are just "licensing" it. As I've stated above a world like that isn't practical and I don't believe it is morally correct either. It restricts the rights of consumers for no reason other than to further enrich the producers of goods, who many doing just fine as is. Valve is worth 2.5 Billion dollars. Aren't they doing well enough without having to step all over consumer's rights?
When you buy something you buy a license to use that item for as long as you own it. If you sell it you no longer have the right or ability to continue to use that item anymore. I think that the argument that you are making is that a game is an experience and that once you have played a game once you have reaped the full benefit of ownership from that game. However, I believe that you are mistaken. The full benefit of owning something is that you can reuse it as often as you like. You can read the same book as many times as you want for as long as you own that book. The same is true for a game. The benefit of owning a game or any software is that you can use it as much as you want for as long as you own it. When you sell it you are giving up your right to continue to experience that game until you buy it again.