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Games

Steam Adds the Harsh Truth That You're Buying 'A License,' Not the Game Itself (arstechnica.com) 62

In response to California's new law targeting "false advertising" of "digital goods," Valve has added the following language to its checkout page: "A purchase of a digital product grants a license for the product on Steam." Ars Technica reports: California's AB2426 law, signed by Gov. Gavin Newsom Sept. 26, excludes subscription-only services, free games, and digital goods that offer "permanent offline download to an external storage source to be used without a connection to the internet." Otherwise, sellers of digital goods cannot use the terms "buy, purchase," or related terms that would "confer an unrestricted ownership interest in the digital good." And they must explain, conspicuously, in plain language, that "the digital good is a license" and link to terms and conditions.

Which is what Valve has now added to its cart page before enforcement of these terms was due to start next year. The company has long made it clear, deeper inside its End User License Agreement (EULA), that a purchase is a license, and those licenses cannot be resold, which avoids issues of one's right to resell a game. Now it is something that every user sees on every purchase, however quickly they click-through to get to their download.

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Steam Adds the Harsh Truth That You're Buying 'A License,' Not the Game Itself

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  • by Pseudonymous Powers ( 4097097 ) on Friday October 11, 2024 @03:57PM (#64857729)
    13.1.2 The party of the first part may, at their sole discretion, alter the terms of the agreement at any time. The part of the second part may pray they do not alter it further.
    • by newcastlejon ( 1483695 ) on Friday October 11, 2024 @04:23PM (#64857797)
      For those lacking a sense of humour, the above is not actually in the Steam Subscriber Agreement.
      • by Pseudonymous Powers ( 4097097 ) on Friday October 11, 2024 @04:28PM (#64857817)
        Hurt in a speeder accident? Faulty motivator? You MAY be entitled to CREDITS! Call the Offices of Godwi Nslaw, Attorney. (HUTTESE NA BOODOO)
      • by Shaitan ( 22585 ) on Friday October 11, 2024 @05:49PM (#64857985)

        This is called truthiness. Technically it is true that the aforementioned terms aren't in the agreement but they are a fair comical paraphrase of the real terms:

        "
        B. Unilateral Amendment

        Furthermore, Valve may amend this Agreement (including any Subscription Terms or Rules of Use) unilaterally at any time in its sole discretion. ... If you don’t agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or to cease use of the affected Subscription(s). Valve shall not have any obligation to refund any fees"

      • by antdude ( 79039 ) on Saturday October 12, 2024 @12:13AM (#64858501) Homepage Journal

        "This product is meant for educational purposes only. Any resemblance to real persons living or dead is purely coincidental. Void where prohibited. Some assembly required. List each check separately by bank number. Batteries not included. Contents may settle during shipment. Use only as directed. No other warranty expressed or implied. Do not use while operating a motor vehicle or heavy equipment. Postage will be paid by addressee. Subject to CAB approval. This is not an offer to sell securities. Apply only to affected area. May be too intense for some viewers. Do not stamp. Use other side for additional listings. For recreational use only. Do not disturb. All models over 18 years of age. If condition persists, consult your physician. No user-serviceable parts inside. Freshest if eaten before date on carton. Subject to change without notice. Times approximate. Simulated picture. No postage necessary if mailed in the United States. Please remain seated until the ride has come to a complete stop. Breaking seal constitutes acceptance of agreement. For off-road use only. As seen on TV. One size fits all. Many suitcases look alike. Contains a substantial amount of non-tobacco ingredients. Colors may fade. We have sent the forms which seem right for you. Slippery when wet. For office use only. Not affiliated with the American Red Cross. Drop in any mailbox. Edited for television. Keep cool; process promptly. Post office will not deliver without postage. List was current at time of printing. Return to sender, no forwarding order on file, unable to forward. Not responsible for direct, indirect, incidental or consequential damages resulting from any defect, error or failure to perform. At participating locations only. Not the Beatles. Penalty for private use. See label for sequence. Substantial penalty for early withdrawal. Do not write below this line. Falling rock. Lost ticket pays maximum rate. Your canceled check is your receipt. Add toner. Place stamp here. Avoid contact with skin. Sanitized for your protection. Be sure each item is properly endorsed. Sign here without admitting guilt. Slightly higher west of the Mississippi. Employees and their families are not eligible. Beware of dog. Contestants have been briefed on some questions before the show. Limited time offer, call now to ensure prompt delivery. You must be present to win. No passes accepted for this engagement. No purchase necessary. Processed at location stamped in code at top of carton. Shading within a garment may occur. Use only in a well-ventilated area. Keep away from fire or flames. Replace with same type. Approved for veterans. Booths for two or more. Check here if tax deductible. Some equipment shown is optional. Price does not include taxes. No Canadian coins. Not recommended for children. Prerecorded for this time zone. Reproduction strictly prohibited. No solicitors. No alcohol, dogs or horses. No anchovies unless otherwise specified. Restaurant package, not for resale. List at least two alternate dates. First pull up, then pull down. Call toll free number before digging. Driver does not carry cash. Some of the trademarks mentioned in this product appear for identification purposes only. Objects in mirror may be closer than they appear. Record additional transactions on back of previous stub. Unix is a registered trademark of AT&T. Do not fold, spindle or mutilate. No transfers issued until the bus comes to a complete stop. Package sold by weight, not volume. Your mileage may vary. Known as Hellman's east of the Rockies. Beware of greeks bearing gifts. Beware of gifts bearing greeks. This side up. Don't take any wooden nickels. Don't take candy from strangers. Void where prohibited. Caveat Emptor (Buyer beware) Caveat Vendor (Beware of street people). Donde esta el bano. Beware of DOS. Look both ways before crossing the street. All your base are belong to us. Always wear safety belt. Always wear deodorant. Don't forget to breathe. If you park, don't drink...accidents cause people. This supersedes all previous notices.

        This modified disclaimer may not be copied without the expressed written consent of whoever I stole it from."

        • by shanen ( 462549 )

          Very humor rich thread, but I wish the long joke had some kind of organizing principle. At least I couldn't spot one as I read the entire thing. Maybe the next level of the joke is getting suckers to look for an organizing principle that isn't there?

          • by antdude ( 79039 )

            Maybe you can revise it for modern times. It's old and mostly outdated! ;)

            • by shanen ( 462549 )

              I didn't even notice your Subject. Certainly brings back memories, many of them fond. But all of them ancient.

      • > the above is not actually in the Steam Subscriber Agreement.

        Yet.

    • by gweihir ( 88907 )

      Well, in Europe that may go a bit different:

      https://www.tiktok.com/@starwa... [tiktok.com]

    • by 2TecTom ( 311314 )

      this is classism and economic domination, as masters don't allow slaves to own any real property

      those who exchange freedom for toys, soon has neither

  • About #$%2 time. (Score:5, Insightful)

    by Smonster ( 2884001 ) on Friday October 11, 2024 @04:02PM (#64857749)
    Good. This law should be nationwide. Enough with trying to trick people. It will be interesting to see if it affects sales. Most people seem to be okay with not owning the music and videos the consume. But then again those don’t cost $30-$80 a pop to access.
    • Re: (Score:2, Interesting)

      I know I'm an outlier here but this sort of thing really doesn't bother me. I get the problem. I understand why it bothers so many people. But for the rest of us, the use case is generally: see game video, see on twitch, buy game on steam, play through until win or bored, never play again. I've never sold a game. I've never bought a used game. How many people really do that? Resold games was a big part of the Gamespot business model but it ultimately failed them.

      And while we're here, major software

      • by kellin ( 28417 )

        Ive bought a couple used games at a reseller in the past, but I've mostly, at this point, sold my games on ebay. I don't have any interest in playing console games anymore, so might as well see who wants them.

      • by SouthSeb ( 8814349 ) on Friday October 11, 2024 @04:30PM (#64857821)

        While I never got confused by license vs. ownership, I think it is a good thing to make it clearer for all people what exactly they're throwing their money into. Especially these days where the stuff you're "purchasing" can be stripped away from you for a number of reasons.

        • by Shaitan ( 22585 )

          A lot of people do get confused though. I don't know if this steam issue is shocking gen zers or something but this isn't where people get confused.

          People get confused with software and other things where you ARE purchasing a copy and purchasing/use doesn't require any sort of license but the item comes with a license agreement. This is actually a contract. You legally acquired the copy and have all the usual rights that come with that under the law. You can break the contract all day long and the worst you

      • Steam also cares less if you actually "own" game, that is not the actual problem. The problem is that this is just a way to waive any liability when you're unable to play your game and games can force you to be connected online, what the california law tried to tackle. Btw i like to play install reinstall games however i please, and owning them is pretty important for that. There are more genres than single player stories you play oncr and never look back
      • by Rinnon ( 1474161 )

        When I was a child, playing my SNES/N64 or PS1/2 games, I would often re-sell games and then buy new ones, since I didn't have a job or any real way to buy new games on my own otherwise (the games having been gifted to me, were mine to what I wanted with). By the time I was in my later teens and working a job, it didn't really matter anymore.

        These days, what you described is exactly my own pattern. Most games I see, buy, play, finish, move on. I've bought digital games from now defunct storefronts that I n

      • by tlhIngan ( 30335 ) <slashdot AT worf DOT net> on Friday October 11, 2024 @05:43PM (#64857973)

        I've never sold a game. I've never bought a used game. How many people really do that? Resold games was a big part of the Gamespot business model but it ultimately failed them.

        I've bought used games all the time. Because often that's the only way to play a game.

        Want to play Super Mario Bros. on the original NES? You're going to have to buy a used NES and a used copy to do so.

        Ditto all the way up to the PS3 or so. Discovered a game you'd like to play, but out of print now? Used is the only way.

        What did in GameStop was competition - other stores got in the used game market, did the same thing GameStop did (which was highly profitable) and started stealing customers away. There were plenty of reasons to not shop at GameStop, including restricting the number of copies of a game sold, or restricting collector editions of games that could only be had through them. If you weren't able to get it, tough luck, you're screwed, go find a scalper. So those of us who wanted used games loved the competition for being able to buy used games without supporting GameStop.

        Nowadays, the used game model was undercut - games don't go out of print with digital distribution. A game released 20 years ago is still available for purchase on Steam. You can find physical used copies still, but why bother when it's right there with a single click? Between hunting for it, shipping fees and other things, it's on Steam and it's likely cheaper and easier.

        This pretty much undermined the used game market - why go around hunting for a used copy of a game when you can just get it off the digital store without leaving the house.

        If the game is big, and sold within the past 25 years, it will be on Steam, GoG or Epic. If it's a smaller game, likely someone archived it on the Internet Archive or an abandonware site.

        • Want to play Super Mario Bros. on the original NES? You're going to have to buy a used NES and a used copy to do so.
          Ditto all the way up to the PS3 or so. Discovered a game you'd like to play, but out of print now? Used is the only way.

          I'm out of touch on which consoles are really solidly emulated these days, but downloading and using emulation is another way. Is it legal no, but is it viable absolutely. And a NES is certainly a well-emulated console, there's no drawback to playing in emulation and a whole bunch of benefits.

          • There's also legal emulation options for playing Super Mario Bros. too - the Switch Online games and NES mini for example.
        • What did in GameStop was competition

          Another thing that did in GameStop was their deprecation of carrying games for older consoles so they could free up floor space for worthless merch / memorabilia crap. Nowadays if you go into a GameStop, you'll be lucky to find something that's from more than one console generation prior. It's so bad GameStop is now creating "retro" stores [usatoday.com] because they don't want to give up the merch sales, but have finally realized after a decade that only selling current generation crap in the era of digital distribution

      • It's a little more involved than used games as Steam will eventually change owners or simply goes bankrupt and leaves a hulking crater in the collective memory.

        As is, there are games that were originally released only on Steam that have been pulled so short of piracy, they will not exist for future generations.

      • by ebyrob ( 165903 )

        > I know I'm an outlier here but this sort of thing...

        Sorry, apathy really isn't an outlier in this focus group.

      • this "you're buying a license to use, not ownership of the software" thing has been around forever.

        Yep, this is the part that people don't understand. Even buying physical software (including games), you're just buying a license. And obviously, no company is going to come into your home and take away your physical games - but they can revoke your license, rendering you playing those physical games piracy.

        And of course, most people will say "that's ridiculous; I'd just keep playing them anyway" - and s

    • by RJFerret ( 1279530 ) on Friday October 11, 2024 @04:45PM (#64857863)

      We've already done through three phases.

      Us old folk who used to get physical media and an instruction booklet how to play the game. The concept of blowing $19.99 on a non-tangible item was horrifying. Games also were complete/less bug ridden.

      Then we had younger folk who grew up more connected, they no longer purchased the item and understood they'd lose access to it, and would re-pay for the same item if they lost an account password or the like, willingly. Products would also be released incomplete, with bugs, expecting to potentially fix them in the future. There were also pre-release purchases, which surprisingly people spent on.

      Now we have a new set of people who might pay for a game that doesn't make it and shuts down freaking out over losing whatever money they spent on it not understanding they only were paying for a temporary license.

      Given that if you want to play, it's the only way to play for most nowadays, sales impacts are likely to be unaffected IMO.

      • Re: (Score:3, Interesting)

        by Shaitan ( 22585 )

        "Then we had younger folk who grew up more connected, they no longer purchased the item and understood they'd lose access to it, and would re-pay for the same item if they lost an account password or the like, willingly."

        To many a 'steam game' vs a disc game is like a dvd vs a bluray and they were okay with buying the game again later if they wanted a blu-ray instead. They were okay they had a dependency on a 'steam player' and got over their subsequent discover that didn't work without internet. But they s

      • by antdude ( 79039 )

        Also, can't sell/donate modern games too. :(

      • I think the interesting issue here is conflating with what you're buying. You're obsessed with having something tangible but what do you do with it? Is it the tangible thing that brings value to you? - Maybe for you, but I've never bought a game simply because I wanted a CD and a book but didn't want to play it.

        Games are a form of entertainment. Entertainment has always be intangible. Sure some of it arrives on a tangible medium, but the actual thing you're invested in isn't tangible. It's not conditioning

  • Dishonest business (Score:4, Interesting)

    by Required Snark ( 1702878 ) on Friday October 11, 2024 @09:02PM (#64858289)
    Business runs on dishonesty. Lies are profitable.

    This law forces businesses to be honest, at least in this one narrow area. Obviously the business lobby hates it, and will do all they can to keep this kind of thing happening beyond online "purchases". EULAs are a rigged game: heads they win, tails you loose.

    Corporations don't want you to own anything and they plan to charge you for everything forever. That's why auto makers want to have a monthly fee for heated seats that you already paid for, and why they tried to remove AM radios from cars. They can't rent you the radio (yet).

    When you don't own things you are a serf or a peasant. Part of the Big Lie of corporate America is the myth of a free market and consumer choice. Both have almost vanished. We live in an economic regime of cartels that offer an illusion of choice while growing bloated on guaranteed profit. Every consolidation makes the situation more dire.

    • by Bahbus ( 1180627 )

      I mean, or you can just learn to understand exactly what you are spending your money on. It wasn't hard to know or understand what buying a license means, and that was, in fact, what any Steam user has been doing the entire time. And I'm positive, that Valve has never claimed, suggested, or even implied that you weren't buying a license.

    • Dishonest businesses thrive when society rewards them more than honest businesses. Landlords that ignore the rules thrive now because we have created rules such that honest landlords can't make a profit. Strip clubs used to be pretty seedy because morally upstanding investors couldn't invest in them. Then there is Ticket Master who dominated because fans couldn't understand supply and demand for concert tickets so Ticket Master sleazily filled the position of scalper.

      The thing is that the lack of regu
    • by gweihir ( 88907 )

      Well, yes. It is mostly not direct lies, bit misdirection. But the other thing is that a decently run administration will curb that dishonesty. Seems that in the US this is the exception?

    • @RequiredSnark, seems like you have an ax to grind. Sure, there are some dishonest businesses and some are big. However, the statement "Business runs on dishonesty" is just not true. You are spewing a Marxist lie to paint all businesses as bad. Have you ever had a Chinese restaurant lie to you? How about the local McDonald's, Wendy's, or a pharmacy? Does your doctor lie to you? How about your dentist? If you have this view that everyone is lying to you, then maybe it says something about you. There

      • Chinese restaurant

        Not actual chinese food. Also known to use unsafe food processing methods / storage despite reassurances.

        McDonald's

        Uses app telemetry as an excuse for raising prices on non-app users.

        Wendy's

        Wants to use big data for targeted pricing. A.K.A. Maximum price gauging per individual.

        pharmacy

        Have you seen international drug prices? Or the massive amount of public funds that get dumped into research and development of new drugs? (Which they then patent to maximalize the profits from the public that paid for their development?)

        doctor

        Extreme

        • According to you everyone and everything is dishonest, including you. You live in a sad world.

  • We are being provided an operator's license to operate self-service kiosks. With the threat that our operator's licenses will be revoked if the proprietor serves us food containing allergens harmful to us specifically, or if something goes wrong with an Uber Eats delivery.

    Do I need a driver's license to operate a car on private property? Have we just never figured out how to differentiate digital goods from certifications and licenses for personnel in highly complicated fields?

    License doesn't imply a
  • I don't care either way. I inherently understand the difference in what exactly I'm trading my money for depending on how or where I'm trading it. I thought it was easy and obvious to understand, but I guess a lot of people in the world don't. Changing the word from "buy" to anything else, like "rent", doesn't really mean anything in the long run either, because it will still be contextual.

  • I stopped giving Steam money when their lack of security allowed $30 to be stolen form my Steam account. I will never give them another dime. You should learn from my situation and also never give them money.
  • While I am not aware this has been tested in court in the case of STEAM, you are allowed to resell licenses for software in Europe and there is no mor way to appeal. It has been tested, I believe, on Windows and Office licenses. You can buy these used perfectly legally here and MS is not allowed to block these.

  • Sellers of digital goods cannot use the terms "buy, purchase", but Valve is definintely using the term "purchase".
    • According to the new Cali law, you can use any term like purchase if you show a banner like what Steam is doing right now. Is it enough? For the company, yes. I need to keep reminding people about the EU initiative to get politicians discuss similar things too. With this new Calif law, I fear that even with the initiative passed, the result is going to be as mild as this Cali law.
  • We always bought a restricted license no matter how it's distributed and means of enforcement (DRM).

    At least with physical media the right of use might be tied to the support, so it can be resold. Though it can also be forbidden and enforced with DRM.

  • Now think of all the people that pre-order a game (as if the publisher was going to "run out" of a digital game licenses) just to be able to gain access to a cosmetic or feature that you still never own.
  • then the doctrine of first sale applies to that then and is it my property to dispose of how I wish regardless of the what it states in the EULA?
  • We as customers need to stop allowing this crap and not buy games or use companies that have this type of "agreement". I for one am tired of companies, at their whim, removing software we paid for and saying we only had a "license to use it".
  • Doctrine of first sale should apply to most software licenses, in general, and all entertainment-related licenses. Full stop.

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