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-   -   Steam in Hot Water in the EU? (http://www.rpgwatch.com/forums/showthread.php?t=19419)

Couchpotato February 2nd, 2013 03:38

Steam in Hot Water in the EU?
 
A recent article follows on news from last year of a possible legal battle over the inability to resell games bought via Steam, which conflicts with a recent EU legal ruling.

Word is the VZBV has filed a complaint in a Berlin district court over this. GameSpot has a response from Valve to this, as the company says it has not received a formal notice about this.
Quote:

"We are aware of the press release about the lawsuit filed by the VZBV, but we have not yet seen the actual complaint," Valve said. "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."
Link-http://www.cinemablend.com/games/Val…lin-52002.html

Any German watchers here know more about what is going on?

xSamhainx February 2nd, 2013 17:34

It would be hilarious if Steam said "screw you then, no more Steam in Germany" and region-locked Germany out.

Gorath February 2nd, 2013 18:48

This would be no problem for consumers. Germany is a big market. Another service would take over.

It seems Valve signed the C&D which ordered them to stop requiring existing customers to agree to updated TOS to continue to use their games. Relevant are now only the TOS at the time of sale. Even if the customer does not agree to the changes he can play the games purchased before that date.
Valve was probaly well advised to sign this C&D, because they would hardly have had a chance in court. In Germany a contract requires both sides to agree to the terms. After that one side can of course try to change the terms, but the other doesn't have to agree. Then the old version remains valid.

The account thing will be decided in court. The VZBV is very powerful and has deep pockets, but they're also conservative and slow. Court is a lotterie.

Gaxkang February 2nd, 2013 20:34

Quote:

Originally Posted by Gorath (Post 1061182620)
In Germany a contract requires both sides to agree to the terms. After that one side can of course try to change the terms, but the other doesn't have to agree. Then the old version remains valid.

That's not just a German thing, btw…

What if a German contract says "I agree to let you use my game, if you become my bitch forever and agree to me constantly making new demands of you as payment for that game". If you "agree" to this proposal, you can't complain when things are changed in the future - that was part of the original agreement.

The issue in question is whether a contract like this should be permitted, and whether "becoming someone's bitch forever" in exchange for a software licence is contrary to legal principles higher than contract law. Hopefully it is. And not just in Germany or the EU - maybe in the Land of the Free" too someday.

Gorath February 2nd, 2013 20:44

Such a clause would be contra bonos mores (German: sittenwidrig) and therefore null and void.

joxer February 5th, 2013 14:03

This and Oktoberfest = Germany rocks.
Merkel for the world president!!!

Alrik Fassbauer February 5th, 2013 16:36

This is one of the reasons why I never quite understood the U.S. legal system concerning video games.


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