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July 6th, 2012, 00:03
I haven't even read, much less studied the complete ruling of this case. It may leave room to get around the specifics of the case by numerous ways, such as for example where the publisher clearly states that the product is not sold but only leased to the customer, and requires a customer acknowledgement before the game will work.

Creative European lawyers will undoubtedly find ways to minimize the impact of the case on their game publisher clients. Such approaches will undoubtedly be discussed in trade journals as they are introduced for use in the market.

You make some pretty good arguments from the standpoint of an indie. In general, this law is intended to promote competition and free trade. To the extent that the ruling is imposed too harshly on small independent developers, it could result in those developers exiting the business, resulting in a decrease, rather than an increase in free trade.

To the extent you believe the ruling could harm the European consumer, work hard to make your views, and the dangers to indie developers, known. Your efforts could tip the balance.

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