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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Because you are not being sold any software. | 244 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Because you are not being sold any software.
Authored by: Anonymous on Thursday, May 23 2013 @ 05:22 PM EDT
Hmm... questions getting stickier. I am still not an attorney, but I'll try to
share my understandings.

Penalties for EULA violations will generally depend on the terms specified in
the EULA. At a minimum, you likely lose the right to run the software. If it's
not an online game (and/or online gaming console), enforcement actions for minor
violations are pretty unlikely.

Selling the games (meaning the packaging, media, manuals, etc.) to GameStop
might or might not be a EULA violation. If you never installed the game, I
expect your First Sale Doctrine rights would still be intact (since you did not
waive them by agreeing to an obnoxious EULA). If you did agree to the EULA, and
it contains terms forbidding resale, and you sold your copy anyway, then I think
you could be considered as having violated the terms of your license. Default
conditions are likely specified in the EULA. See above paragraph.

The person buying your used game from GameStop might not be purchasing a
legitimate license to install and run that copy of the game, if you were not
allowed to transfer your license. I don't want to open that can of worms.

Services like Gamefly work because I expect they negotiate rental licenses with
the game publishers, which would have different terms than the retail license
specified in the games' EULAs.

Regarding Microsoft's willingness to sacrifice the satisfaction of consumers in
order to "make a few extra bucks" . . . I am not convinced I can
respond to that without SERIOUSLY violating PJ's posting policies.

O_o

As before, I'm not an attorney, just a layperson, hire a lawyer if you need an
opinion that counts.

[ Reply to This | Parent | # ]

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