Can Digitally Purchased Games Be Sold? The Truth About Ownership in the Digital Age
The short answer is generally no, you cannot legally sell digitally purchased games in the same way you can sell a physical copy. This stems from the fact that when you buy a digital game, you’re usually purchasing a license to play, not outright ownership of the game itself. The specifics depend on the platform, the End User License Agreement (EULA), and copyright law. Let’s dive deeper into why this is the case and what rights you actually have when you download a game.
The Illusion of Ownership: Licenses vs. Sales
The key distinction lies in the difference between owning something and having a license to use something. When you buy a physical game disc, you own that physical object. You can do with it as you please, including selling it, lending it, or even using it as a coaster (though we wouldn’t recommend that!).
With digital games, however, you are typically granted a license to access and play the game under specific terms outlined in the EULA. This license is usually tied to your account on platforms like Steam, PlayStation Network (PSN), Xbox Live, or the Nintendo eShop. The EULA explicitly states that you don’t own the game, just the right to play it, and that right is non-transferable.
Think of it like a movie ticket. You buy a ticket to see a movie, granting you permission to watch it once in that particular theater. You don’t own the movie, and you can’t resell your ticket after you’ve used it (or even before, in some cases!). Digital game purchases work in a similar way. You get permission to play the game, but you don’t own it.
Why the Resale Restriction? Copyright and Control
The main reason for this system is copyright. Game publishers want to retain control over their intellectual property. Allowing the resale of digital games would undermine their business model, potentially leading to lower sales and decreased revenue. The EULA serves as a legal tool to enforce these restrictions and prevent unauthorized distribution of their games.
Another factor is the ease of copying digital files. Unlike a physical disc, a digital game can be easily duplicated and shared without diminishing the original. If resale were permitted, it could open the door to widespread piracy and copyright infringement, further impacting the gaming industry’s revenue stream.
The Evolving Landscape: Potential Changes on the Horizon?
While the current situation largely prohibits the resale of digital games, the landscape is constantly evolving. There have been discussions and even attempts to create platforms or systems that would allow for the resale of digital licenses, similar to the used games market for physical copies.
One example mentioned in the provided text is Robot Cache, a PC games distribution app/store that aims to allow users to sell their purchased digital games. This is an interesting experiment, but it remains to be seen whether such models will gain widespread adoption and acceptance by publishers and consumers.
The legal debate surrounding digital ownership and resale continues, and future rulings or legislative changes could potentially shift the balance of power in favor of consumers. For now, however, the general rule remains: you can’t legally resell your digital games.
The Publisher’s Perspective
It’s also vital to view this issue from the perspective of the game publishers. Developing a video game is a massive undertaking that involves significant financial risks. Allowing a secondary market for digital games could severely impact their revenue streams and potentially stifle innovation. Publishers argue that they need to maintain control over their intellectual property to ensure the long-term health and sustainability of the gaming industry.
What About Digital Game Codes?
While you can’t sell games already tied to your account, you can often sell unused digital game codes. These codes are essentially gift cards or vouchers that can be redeemed for a specific game on a particular platform. As long as the code hasn’t been activated, it holds value and can be sold through various online marketplaces.
The Future of Digital Ownership
The debate over digital ownership is far from settled. As digital distribution becomes increasingly dominant, the pressure to address consumer rights in this area will likely intensify. Whether this leads to changes in copyright law, the development of new resale platforms, or the emergence of alternative licensing models remains to be seen.
To understand more about the evolving dynamics of the gaming industry and its impact on education and society, check out the Games Learning Society at GamesLearningSociety.org.
FAQs: Your Digital Game Ownership Questions Answered
Here are some frequently asked questions to further clarify the issue of selling digitally purchased games:
1. Can I sell games I bought digitally on Steam?
No. Steam’s Subscriber Agreement prohibits the transfer or resale of your account or any of the licenses associated with it.
2. Can I sell my PSN account with all the digital games I’ve purchased?
Selling your PSN account is against Sony’s Terms of Service and could result in your account being banned. The buyer also risks losing access to the games.
3. Can I sell my Xbox account with my digital games?
Similar to PSN, selling your Xbox account violates Microsoft’s Services Agreement and carries the risk of account suspension or termination.
4. What happens to my digital games if I sell my console?
If you sell your console, the digital games remain tied to your account. The buyer will not have access to them unless you provide your account credentials, which is a violation of the platform’s terms.
5. Can I get a refund for a digital game I don’t like?
Most platforms offer refund policies for digital games, but they usually have specific conditions, such as a time limit (e.g., 14 days) and a playtime limit (e.g., less than 2 hours).
6. Are there any platforms that allow the resale of digital games?
As mentioned earlier, Robot Cache is one platform that attempts to enable the resale of digital games purchased through its service, but it’s still a relatively new and untested model.
7. What are the risks of buying a used digital game account?
Buying a used digital game account is risky because the seller could reclaim the account, report it as stolen, or have it banned by the platform. You have no guarantee of continued access to the games.
8. Can I sell digital game codes I received as a gift?
Yes, as long as the code hasn’t been redeemed, you can typically sell it on various online marketplaces or through other means.
9. What is the difference between buying a digital game and streaming a game?
Buying a digital game involves downloading and installing the game on your device, while streaming a game allows you to play it remotely on a server without downloading it. With streaming, you typically don’t own anything, you are just paying for the temporary use of the game.
10. Can I share my digital games with family members?
Some platforms offer family sharing features that allow you to share your digital games with other accounts within your family. However, there may be restrictions on simultaneous play and other limitations.
11. What are the legal implications of reselling digital games?
Reselling digital games without the permission of the copyright holder is a violation of copyright law and could result in legal action.
12. Are digital games cheaper than physical games?
Digital games can sometimes be cheaper than physical games, especially during sales or promotions. However, prices can vary depending on the platform, publisher, and game.
13. Do digital games take up storage space on my console or PC?
Yes, digital games require storage space on your console or PC to download and install the game files.
14. What happens to my digital games if the platform shuts down?
If a platform shuts down, you may lose access to your digital games. Some platforms may offer alternative solutions, such as transferring your licenses to another platform, but this is not always guaranteed.
15. Is there a future where we can truly own digital games and resell them?
The future of digital ownership is uncertain, but there is ongoing debate and potential for change. Technological advancements, legal challenges, and evolving business models could all play a role in shaping the future of digital game ownership and resale.
Digital ownership of video games can be a complicated concept to understand. Understanding the limitations and your rights is important as technology and the legal landscape evolve.