OFFICIAL: Not allowed to resell the Game!

[Sgtmonkeynads]

Just a thought, but doesn't the no re-sell impede interstate trade. I know the feds don't like that at all. Hell, Montana skirts some ATF laws with the claim of hampered trade.

[Der Teddy Bar]

Originally Posted by Kapitanleutnant

Who said anything about DRM? We're talking about used game sales which do not provide any revenue for the developer or publisher who made the game.

Get your panties unbunched.

This is another example of how little business smarts Ubisoft has if we were to take this to the next logical step then we will need to close down the public libraries.

Seriously, we need to shut down all the libraries as Go To Hellman's (link to site) article demonstrates so well

Offline Book "Lending" Costs U.S. Publishers Nearly $1 Trillion

Hot on the heels of the story in Publisher's Weekly that "publishers could be losing out on as much $3 billion to online book piracy" comes a sudden realization of a much larger threat to the viability of the book industry. Apparently, over 2 billion books were "loaned" last year by a cabal of organizations found in nearly every American city and town. Using the same advanced projective mathematics used in the study cited by Publishers Weekly, Go To Hellman has computed that publishers could be losing sales opportunities totaling over $100 Billion per year, losses which extend back to at least the year 2000. These lost sales dwarf the online piracy reported yesterday, and indeed, even the global book publishing business itself.

From what we've been able to piece together, the book "lending" takes place in "libraries". On entering one of these dens, patrons may view a dazzling array of books, periodicals, even CDs and DVDs, all available to anyone willing to disclose valuable personal information in exchange for a "card". But there is an ominous silence pervading these ersatz sanctuaries, enforced by the stern demeanor of staff and the glares of other patrons. Although there's no admission charge and it doesn't cost anything to borrow a book, there's always the threat of an onerous overdue bill for the hapless borrower who forgets to continue the cycle of not paying for copyrighted material.

To get to the bottom of this story, Go To Hellman has dispatched its Senior Piracy Analyst (me) to Boston, where a mass meeting of alleged book traffickers is to take place. Over 10,000 are expected at the "ALA Midwinter" event. Even at the Amtrak station in New York City this morning, at the very the heart of the US publishing industry, book trafficking culture was evident, with many travelers brazenly displaying the totebags used to transport printed contraband.

As soon as I got off the train, I was surrounded by even more of this crowd. Calling themselves "Librarians", they talk about promoting literacy, education, culture and economic development, which are, of course, code words for the use and dispersal of intellectual property. They readily admit to their activities, and rationalize them because they're perfectly legal in the US, at least for now.

Typical was Susanne from DC, who told me that she's been involved in lending operations for over 15 years. This confirms our estimate that "lending" has been going on for over ten years, beyond even Google's memory. Our trillion dollar estimate may thus be on the conservative side. Of course, it's impossible to tell how many of these lent books would have been purchased legally if "libraries" were not an option, but we're not even considering the huge potential losses to publishers when "used" books are resold for pennies on the black markets.

The communications backbone for this vast enterprise appears to be Twitter. Already, there is constant chatter on the #alamw10 hashtag. Most messages are clearly coded references to illicit transactions. For example a trafficker with the alias "@libacat" tweets "Have to be on the bus to the airport at 6:41 tomorrow morning to make it to the airport to get on my plane to #alamw10". At first glance, it seems like a mundane tweet about travel plans, but the breathtaking ordinariness and triple redundancy is more likely a secret code. How else to understand @scolford's (correction: retweet of @SonjaandLibrary replying to @BPLBoston) tweet; "curling my toes in joy at the thought of visiting your library"?

I've attended this meeting before. When I register for the book lending confab, I'll be presented with an encrypted document labeled the "program", which once decoded, will tell me where I can meet other book traffickers, discuss arcane trafficker lore, and drink trafficker beer. It's thick with secret code words like YALSA, LITA and NMRT, and no apparent rhyme or reason in its layout, evidently to frustrate outside investigators. I'll be lucky if I can find a bathroom.

Two places I'll be sure to find this weekend will be the OCLC Blog Salon on Sunday evening and the Chinatown Storefront Library on Saturday afternoon. Say hello if you see me.

In their greed the companies have lost all common sense.

[GlobalExplorer]

I believe according to German (and other EU) law, such claims as made by UBI are irrelevant and can be ignored. You can of course resell the game if you paid for it. Of course this applies only if you're a customer, rental etc. is different. However, the content mafia is already trying to undermine the law, that's why I now vote for the Pirate Party btw.

[Reece]

EB Games here in Australia have a swapping section, is it OK for them to do this? If so then it's OK for me!!

[MercurySeven]

Originally Posted by GlobalExplorer

I believe according to German (and other EU) law, such claims as made by UBI are irrelevant and can be ignored. You can of course resell the game if you paid for it. Of course this applies only if you're a customer, rental etc. is different. However, the content mafia is already trying to undermine the law, that's why I now vote for the Pirate Party btw.

As far as I remember this is true as long as you have purchased a physical object (such as the DVD).
Additionally:

• Any addition to a sales contract between a company and a customer that would classify as "unexpected" (such as "You have bought our product, but you are not allowed to sell it again") are void
• Anything that UBI wants you to agree on has to be agreed by you before the contract between you and UBI is valid by a definite action which is not provided by just buying or even opening the game

Regarding the second part:
If you buy the thing you can resell it immediately.
If you then open the box you can resell it immediately and also return it to the retailer. This is due to the fact that UBI will probably not put a legal text on the outside of the packaging telling you that you cannot resell the thing. Since you therefor have to open the package to gain that information you can then refuse to enter this contract and return or resell.
If you agree to UBIs contract by installing the game you will have to dig deeper for the first mentioned part about the right to resell any physical merchandise you bought as mentioned above.

Mind you, all this is legal mumbo jumbo and might require a lawyer of some sort since neither UBI nor a retailer will be very happy about this.

[JU_88]

Well this isnt the first time, I remember it being similar with Half Life2.
Its no great loss anyway, PC games depreciate in value so quickly, unless you sell the game withing first few months you'll get a pittance for it anyway.
I dont expect its a law that will be taken too seriously by most, if you want to sell it to some one who wants to buy it, no-one can stop you.
Can you really see anyone being taken to a small claims court over this?

I am calling Ubi's bluff on this one, not that it effects me personally as I will not be reselling my copy of SHV.
No offence but anyone who decides to consult a Lawyer over this, must have a lot of spare time and money on their hands...

Excellent post Teddy.

In our society 1 in 10 people demonstrate sociopathic tendencies. In the upper echelons of corporates the stat is 1 in 4. Corporate structures are thus geared such that empathy challenged people rise higher and quicker. Is it really surprising then that joe public feels 'shock' and 'awe' at the cut throat and inhumane practices of corporates ?

We created this society, so its up to us to keep it clean.... one way joe public can help is by ethical shopping.

So vote with your wallets - it's the only 'useful' vote one has in a society mainly driven by greed.

[MercurySeven]

Exactly what I was thinking of. HL2 was a good example. Actually the first time that I remember that a publisher tried to stop reselling by means of DRM under the false pretence that it is "simply not possible" for them to unhook a game license from one account and give it to another account.

However, in recent games this depreciation was (at least when it was a good game) less severe. I like to play more then just one genre so I keep an open eye on all kinds of games. While some dropped their value rather fast others remain rather costly. Just look at COD World at War. It was released late 2008, COD MW2 is out a few months already and still they charge you 38 € for the thing. Sure, SH5 won't have the number of customers that a FPS game like that generates but since this new DRM strategy of UBI applies to all their future games I expect them to run in some trubles regarding the resell thing.

[JU_88]

Originally Posted by Uber Gruber

Excellent post Teddy.
So vote with your wallets - it's the only 'useful' vote one has in a society mainly driven by greed.

Easy for you to say, from what I remember from your earlier posts, you were never going to buy it anyway
The other possible outcome of voting with your wallet (in this particular case) could also just mean the death of the Silent Hunter series.

I guess it just depends on your priorities and what you are prepared to sacrafice. Id rather just play the damn game than be a martyr making some political statment by refusing spending £30 on something I love.

Not saying I agree with DRM and no-reselling, but the way I see it - the most likely alternative to 'Publisher tyrany' is having no more Subsims to bitch about (and maybe even no more subsim forums to bitch on either.)
What then?

The phrase "Dont know what you got till its gone" springs to mind.

[HundertzehnGustav]

Local laws permit that i sell any Product i Bought, and can prove i bought.
Ubi can write what they want in their EULA, since this aint the US of A, its all rubbish.

Most of it anyway.

[HundertzehnGustav]

The phrase "Dont know what you got till its gone" springs to mind.

Like a phoenix rising from the ashes?

[Fire_Spy]

If UBI was really trying to crack down on reselling games then you'd think they'd also target console games.. but they don't seem to be.

[Reece]

Originally Posted by Fire_Spy

If UBI was really trying to crack down on reselling games then you'd think they'd also target console games.. but they don't seem to be.

Exactly, why just pick on PC games?

Arghhhh..not the old "they might not make any more if we don't buy it" argument....RUN AWAY, RUN AWAY!!!

But it is a valid point, there is indeed a risk that UBI won't make any more sub sims if we hurt their revenues.

However, i'm completely amblivalent to what UBI decides to do. I have SH3 to satisfy my "I want to sink ships" addiction when it rears its ugly head. And in the meantime I might just go outside and meet people....though I imagine that would be quite scary. .

Of course, once they remove the DRM/OSD/KACK 'feature' i'll buy SHV...after a few patch releases...

[Mikhayl]

Even if sales are dismal, if the game is decent people will buy it second hand or in the bargain bin and if it's as modable as it seems, it will still be played in 5 years so there's no urgency for another subsim.

And if there's still a strong following in 3/4 years Ubi or someone else will see potential $$$ and they'll make another subsim.