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Xbox One and the First-Sale Doctrine

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#1 Atomic Wanderer Chicken

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Posted 17 June 2013 - 02:45

In the past, games could always be bought used, resold, given to a friend etc. If you buy Xbox One game, according to the First Sales Doctrine, you should be able to resell it because its not digital but physical . On the other hand if you buy a digital copy of an Xbox One game, then the doctrine isn't applicable. My question is, does the First Sales doctrine apply or not to Xbox One games? What do you think?  I am not an expert on this but found this very interesting.

 

 

Links about the First Sales Doctrine

 

http://www.copyright...2chap1.html#109

 

http://en.wikipedia....t-sale_doctrine




#2 spenser.d

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Posted 17 June 2013 - 02:54

What about a videogame isn't software? That's exactly what it is.

#3 OP Atomic Wanderer Chicken

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Posted 17 June 2013 - 03:03

What about a videogame isn't software? That's exactly what it is.

Edit Note

I edited the thread, for some reason I thought video games and software were two different things :s



#4 Chrysaor

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Posted 17 June 2013 - 03:14

Its no different then PC games/software with CD keys. You need to enter the CD key to install them, without the CD key the media is worthless.

With Xbox One game, same thing applies, but its automatic, you don't need to enter any key.  It is even better since you can give it to a friend once (assuming they are in your friends list for more than 30 days), resell it to a participating retailer, and any account in that Xbox One can play it.



#5 vcfan

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Posted 17 June 2013 - 03:45

you can do whatever the hell you want to do with your copy,sell it on ebay,craigslist or your friend. you are able to do that. now, it continuing to work is a different story.



#6 +FiB3R

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Posted 17 June 2013 - 08:55

I think what they are doing is disgusting. It's not our fault that the likes of Game and Game Station (UK retailers) are making a fortune by ripping us off, yet it is the consumer that is now going to pay the price for their greedy ways. We could blame ourselves for being stupid enough to accept their high prices, and pathetic trade in valuations in the first place.

#7 Torolol

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Posted 17 June 2013 - 09:08

since you buy the 'license(s)' and not the game itself,
that said license that must observe the First-Hand Sale Doctrine.

and thus game license should be:
- re-sellable.
- transferable.
- loanable.
- ..

"license" should have treated as 'Virtual Goods'.