Right of first sale?

Post by **Ddrak** » Wed Feb 16, 2005 4:26 pm

http://ask.slashdot.org/article.pl?sid=05/02/16/1855214

Ok - this story is about WoW, but also directly relates to EQ. How does the right of first-sale apply to MMOGs? Sony has a different EULA to Blizzard which specifically prohibits resale of accounts, but can they remove your first-sale rights?

I have a sneaky suspicion that the answer is that you never actually buy software in the first place, just a license to use it and first-sale doctrine doesn't apply to EQ. Blizzard is dumb for having an EULA which allows it but not having the system to implement it.

Dd

Rsak · Post by **Rsak** » Wed Feb 16, 2005 6:12 pm

Not sure if this is a right of sale issue.. It might be an issue of defective discs.

I have purchased online games that came with activation codes which then had to be returned due to the CDs being unable to install the software. In those cases I have written down and save those activation codes but never used them. It is possible someone did and then returned the product.

Dost · Post by **Dost** » Wed Feb 16, 2005 6:53 pm

When you purchase software, you do not acquire full proprietory interest in the software. (like you would if you were to buy a book) Instead, you are LICENSED to use the software in a certain way (set out in the EULA in this case). Because you have a license to use the software (i.e. sony retains some proprietory interests), the first-sale doctrine does not apply.

Post by **Ddrak** » Wed Feb 16, 2005 8:09 pm

Rsak,

I don't think you read the article. He bought WoW from someone else (who bought it from a store) and wants to install it and play it with his own account.

Dost,

There's plenty of legal precedent stating that software is a sale and subject to first-sale doctrine. Check out Softman v Adobe and Novell v Network Trade Center - both cases clearly state first sale doctrine applies to software, regardless of what an EULA says. Note that an EULA cannot remove your fundamental rights under copyright law, of which first-sale is one.

Dd

Embar Angylwrath · Post by **Embar Angylwrath** » Wed Feb 16, 2005 8:10 pm

Vivendi is a French company... need I say mroe?

Post by **Ddrak** » Wed Feb 16, 2005 8:14 pm

I don't follow?

I'm actually wondering how this relates to EQ. Do I have the right to sell my copy of EQ (but not my account obviously) to someone else and do they have the same rights to that account that I had when I first bought it from the store?

Dd

Rsak · Post by **Rsak** » Wed Feb 16, 2005 8:35 pm

Strange at work when i went to the article I only got the text above the image.. now at home I get the full text. Never seen the filter do something like that before.

But yeah I did miss that it was used... however both situations apply. I know that I have had to return cds for Final Fantasy XI and Planetside and while i saved the cd keys I never used them.

However I really can't think of anyone with any Online game experience that would accept a used copy of the software. Doesn't change the fact that Blizzard is a bit hypocritical because of their EULA, but easily avoided.

Dost · Post by **Dost** » Wed Feb 16, 2005 9:35 pm

Dd,

courts have actually gone both ways on the issue, and there is certainly no rule set in stone. I am actually taking a computer and internet law course atm, and we covered this issue a couple weeks ago. I'll hook up some citations next time ive got my book in my hands

Post by **Ddrak** » Wed Feb 16, 2005 11:54 pm

Cool Dost - I'd be interested.

Dd

Dost · Post by **Dost** » Thu Feb 17, 2005 11:18 am

Check out Microsoft v. Harmony Computers, 846 F.supp 208... holding that the first sale doctrine does not apply in that case.

Another good case to look at is Softman v. Adobe, 171 F.supp 2d, which has great stuff about how to determine whether the transaction in question is in fact a sale or a license

enjoy

Dost · Post by **Dost** » Thu Feb 17, 2005 11:23 am

err the full citation for that adobe case is 171 fsupp2d 1075

Dost · Post by **Dost** » Thu Feb 17, 2005 11:24 am

haha and i just noticed you mentioned that one in your post...

1130 is early for me i guess

Terd · Post by **Terd** » Thu Feb 17, 2005 12:39 pm

Hey Lost,

--even the supreme court supports sterilizing tards!!!

Does this apply to terds as well?

Terd

Dost · Post by **Dost** » Thu Feb 17, 2005 1:01 pm

id like to think so

Partha · Post by **Partha** » Thu Feb 17, 2005 10:37 pm

I'll save him the effort.

"Another"

Terd · Post by **Terd** » Fri Feb 18, 2005 8:39 am

terdy terdy, come up with a witty name for me

Kevin

Terd

Barious · Post by **Barious** » Fri Feb 18, 2005 4:13 pm

Dd -

EQ is different in that you never had to enter in a CD key to create a new account. I created my 2nd account years ago without ever buying a second boxed copy of EQ.

WoW requires that a user enter in a CD key to create an account.

-Barious

-=Xilanthanax=- · Post by **-=Xilanthanax=-** » Fri Feb 18, 2005 4:20 pm

EQ CD Keys, wru?

That's got to be one of the dumbest things I've heard yet.

You enter your cd key when you create a new account, or when you buy an expansion you enter the cd key to enable it to your account.

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