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Old 02-01-2013, 01:05 PM   #1
D3xter
 
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Steam/Valve sued in Germany

By German consumer protection agency VZBV as direct fallout to the complaints about the EULA changes late last.
Apparently they already agreed to partial changes, for instance from the Press Release further below that says:
Quote:
At least Valve has committed itself to allow the use of the Steam platform without automatically making it dependent from players consenting to the amended terms and conditions. Valve will be introducing new mechanisms after 31.01.2013 other than the pop-up window, which fell under criticism previously.
http://www.gamasutra.com/view/news/1...e_policies.php
http://www.cinemablend.com/games/Val...lin-52002.html

Doug Lombardi apparently also commented to GamaSutra saying:

Quote:
Valve's Doug Lombardi has stated to Gamasutra, "We are aware of the press release about the lawsuit filed by the VZBV, but we have not yet seen the actual complaint."

"That said, we understand the complaint is somehow regarding the transferability of Steam accounts, despite the fact that this issue has already been ruled upon favorably to Valve in a prior case between Valve and the VZBV by the German supreme court. For now, we are continuing to extend the Steam services to gamers in Germany and around the world."
Here is the Original Press Release by the VZBV btw. (tried to translate it roughly): http://www.surfer-haben-rechte.de/cp...sl/75_2546.htm
Quote:
Valve locks itself away from resale of used software

Partial success in EULA-changes

The injunction against Valve Software from September lead only to partial success. At least Valve has committed itself to allow the use of the Steam platform without automatically making it dependent from players consenting to the amended terms and conditions. Valve will be introducing new mechanisms after 31.01.2013 other than the pop-up window, which fell under criticism previously.

Valve insists on a lifelong forced marriage with Steam

There was no agreement achieved in regards to the coupling of a game to the Online platform Steam and the non-transferability of playing privileges/accounts to third parties. Valve continues to hold fast to its business model and prohibits the transfer of the account to a third party in its Terms of Use. This has the consequence that, while the purchased game can be passed on or sold, the associated account cannot necessarily, which is essential for the use of the game.
In this context, it does not matter whether the consumer buys a game on a disk or by download – he cannot actually sell it. The vzbv has for this reason in January 2013 filed a lawsuit against the manufacturer Valve to achieve the goal that consumers may continue to sell used games.

Full purchase price and only half the ownership?

For consumers, the difference of use between game software as opposed to board or card games are incomprehensible. For both, the consumer pays the full purchase price. As the owner of a board game he can give it away, sell it easily or allow others the right to use it. These possibilities are often denied for game software. Technical hurdles, the prohibition of transfer and prevention of sale hinder the purchaser of a game software to proceed using his property as he wishes.

ECJ ruling strengthens the rights of consumers

In the opinion of the VZBV, Valve undermines the acquired consumer ownership rights by prohibiting the transfer of the account. While the Bundesgerichtshof (BGH) ruled in an action brought by the VZBV before the court in early 2010 that it was permissible that an account required to use a software product is not transferable. Due to the judgment of the ECJ, which affirmed the resale of used software, the VZBV now sees an approach by the courts and possibly the BGH, to reassess the situation. Thus, the consumer rights would also be strengthened in the online games market.
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Old 02-01-2013, 01:09 PM   #2
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Valve's response: Flip Steam's Germany region switch to the "Off" setting.
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Old 02-01-2013, 01:10 PM   #3
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Already a thread on this and it was closed.
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Old 02-01-2013, 01:12 PM   #4
D3xter
 
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Quote:
Originally Posted by AsheMan View Post
Valve's response: Flip Steam's Germany region switch to the "Off" setting.
They would likely have to flip that switch for the entire EU region, as this isn't just about Germany, but about a decision made by the European Court Justice early last year. :P
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Old 02-01-2013, 01:19 PM   #5
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Quote:
Originally Posted by AsheMan View Post
Valve's response: Flip Steam's Germany region switch to the "Off" setting.
That is what I thought they would do, at least until (if) they find a solution.

Quote:
Originally Posted by GirlPower23 View Post
Already a thread on this and it was closed.
That may have been for necro'ing the thread.
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Old 02-01-2013, 01:37 PM   #6
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Quote:
Originally Posted by GirlPower23 View Post
Already a thread on this and it was closed.
I'm sure the masses were shocked.

Anyway, this is exactly what needs to happen. No matter who wins out in this issue, it assures us that consumer freedoms are alive, or at least on life support.
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Old 02-01-2013, 01:51 PM   #7
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Quote:
Originally Posted by Antichrist XVII View Post

That may have been for necro'ing the thread.
The thread was posted today. It wasn't necro'd.

Last edited by GirlPower23: 02-01-2013 at 01:56 PM.
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Old 02-01-2013, 01:55 PM   #8
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I'm already imagining Gabe being handcuffed and jailed in Berlin.
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Old 02-01-2013, 02:31 PM   #9
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Quote:
Originally Posted by GirlPower23 View Post
The thread was posted today. It wasn't necro'd.
I did necro it, but still - it was a continuation of the same issue which was started last year with the ruling that software licenses can be resold... It ended with "I guess we'll see what happens when Valve gets sued". Well... they just were.
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Old 02-01-2013, 02:36 PM   #10
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Lol, no wonder Gabe wants to distance valve from steam.
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Old 02-01-2013, 02:37 PM   #11
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Quote:
Originally Posted by AsheMan View Post
Valve's response: Flip Steam's Germany region switch to the "Off" setting.
Shutting down the biggest market for games in europe? Cool story

Good thing the customer protection in Germany isn`t just talking, they are doing something!

Last edited by DanTheKraut: 02-01-2013 at 02:47 PM.
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Old 02-01-2013, 02:39 PM   #12
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Can someone explain me whats going on? Is it the "paying for game but you dont own it,you own licence to play it" or they sued valve for not allowing to sell accounts?
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Old 02-01-2013, 02:39 PM   #13
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Quote:
Originally Posted by DanTheKraut View Post
Shutting down the biggest market for games in europe? Cool story

Good thing the customer protection in Germany isn`t just talking they are doing something!
Good thing nothing will come of this lawsuit and it's likely to be tossed out.

Quote:
Originally Posted by enaktsb View Post
I did necro it, but still - it was a continuation of the same issue which was started last year with the ruling that software licenses can be resold... It ended with "I guess we'll see what happens when Valve gets sued". Well... they just were.
I have no idea what thread you are talking about.
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Old 02-01-2013, 02:44 PM   #14
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Quote:
Originally Posted by GirlPower23 View Post
I have no idea what thread you are talking about.
That would be this one.
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Old 02-01-2013, 02:47 PM   #15
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Quote:
Originally Posted by enaktsb View Post
This is the thread I was referring to.
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