EU Vice-president says once a video game is sold, it is owned by the customer.

[Staffan]

The be honest the Commision does not have a lot of power either. The real centre of power in the EU is the Council (The collective governments of the EU states.) That said it is somewhat opaque, and I would have to refresh my memory of who does what.
Amazing thing about getting old. You remember you used to know stuff but find that the details are often forgotten .
That said the parliament has a lot of power also.

The Commission is where legislation gets proposed, which then has to be approved by the Parliament and the Council. Neither the Commission nor Parliament can propose legislation themselves, but they can request that the Commission does so. To some extent, this is basically a safety feature to make sure the directives are properly written and do what they're supposed to. They can also amend proposed legislation (which would then need trilogue consultation between Parliament, the Commission, and the Council). Parliament also has the power to accept or reject a new Commission, and IIRC also to remove specific Commissioners.

A very rough comparison to the US would be that the Council is the Senate (particularly as originally designed where senators get appointed by state legislatures instead of by direct election), the Parliament is the House (where you have direct elections by the people), and the Commisson is the government – or at least the technocratic aspects of the government.

 

[Argyle King]

I'm not sure that the ruling would really matter.

The wall of text that most people skip when starting a new game says that you're not being sold the game; instead, you're being sold a (limited) license to be allowed to use the game.

Not saying that I agree with game companies. Just saying that I think their position is that "buying" a game is akin to buying a movie ticket: you're allowed to view it and interact with it, but you don't necessarily own it.

 

[Morrus]

The wall of text that most people skip when starting a new game says that you're not being sold the game; instead, you're being sold a (limited) license to be allowed to use the game.

Ah, but do you get presented with the wall of text before or after you pay? Because the contract is formed at the time of purchased, not afterwards.

 

[Argyle King]

Ah, but do you get presented with the wall of text before or after you pay? Because the contract is formed at the time of purchased, not afterwards.

That a purchase occured is not something that would be disputed. What it is that the purchased product actually is or actually isn't (usage license vs ownership) is what I believe companies might try to argue.

However, that's a good question.

I don't know.

Back when physical games were more common, I was able to (and did) return a computer game to the store because I did not agree with the digital terms of service that popped up when I inserted the game disc.

With digital purchases, I'm not sure if that is an option. Though, platforms offering digital purchase options (i.e. Steam or Playstation Network) have their own terms of service that would define the terms of how transactions are arbitrated.

 

[Bohandas]

Hell yeah. Finally someone sides with the consumer!

 

[trappedslider]

With digital purchases, I'm not sure if that is an option. Though, platforms offering digital purchase options (i.e. Steam or Playstation Network) have their own terms of service that would define the terms of how transactions are arbitrated.

Steam has a refund policy but you have to ask for a refund with-in a given time frame iirc, I don't know what Sony's policy is or MS is.

 

[Horwath]

Good luck with that ruling.

well, there is always the nuclear option,
Comply to EU or you will not sell a single copy within EU and all complaints about piracy will be dealt within "shortest possible window".

 

[UngainlyTitan]

That a purchase occured is not something that would be disputed. What it is that the purchased product actually is or actually isn't (usage license vs ownership) is what I believe companies might try to argue.

However, that's a good question.

I don't know.

Back when physical games were more common, I was able to (and did) return a computer game to the store because I did not agree with the digital terms of service that popped up when I inserted the game disc.

With digital purchases, I'm not sure if that is an option. Though, platforms offering digital purchase options (i.e. Steam or Playstation Network) have their own terms of service that would define the terms of how transactions are arbitrated.

I believe that within the EU you can give anything back withing 30 days and ask for a refund.

 

[Staffan]

I believe that within the EU you can give anything back withing 30 days and ask for a refund.

That's not true. What we do have is a 14-day "right of withdrawal" period for anything bought "off-premises" – online, mail order, doorstep sales, and so on. Some countries extend this to 30 days, but the EU minimum is 14 days. There are also many exceptions, such as personalized or made-to-order things, or fully delivered services (when informed that delivering the service would void your right of withdrawal). Another exception is "online digital content, such as a song or movie, that you started downloading or streaming after you expressly agreed to lose your right of withdrawal by starting the performance". I am not a lawyer, but I would assume that that also applies to a game you've started playing, as long as there's a note telling you "if you start downloading this game you void your right of withdrawal."

It's also fairly common in some businesses to offer more lenient terms of returning. For example, clothing (other than underwear) often have a longer period of returns allowed, because the stores want you to take a chance on buying stuff and then return it if it doesn't fit or doesn't look good on you.

 

[UngainlyTitan]

That's not true. What we do have is a 14-day "right of withdrawal" period for anything bought "off-premises" – online, mail order, doorstep sales, and so on. Some countries extend this to 30 days, but the EU minimum is 14 days. There are also many exceptions, such as personalized or made-to-order things, or fully delivered services (when informed that delivering the service would void your right of withdrawal). Another exception is "online digital content, such as a song or movie, that you started downloading or streaming after you expressly agreed to lose your right of withdrawal by starting the performance". I am not a lawyer, but I would assume that that also applies to a game you've started playing, as long as there's a note telling you "if you start downloading this game you void your right of withdrawal."

It's also fairly common in some businesses to offer more lenient terms of returning. For example, clothing (other than underwear) often have a longer period of returns allowed, because the stores want you to take a chance on buying stuff and then return it if it doesn't fit or doesn't look good on you.

I stand corrected.