The Problem
Used game sales are a major problem for developers, and second-hand game sales from companies like Gamestop are the primary cause. It’s completely concievable that Gamestop could cease selling new titles and focus on used games to drive profits, and that’s what gets their hair ruffled. Why are they so bothered by this? Every used game sold at a Gamestop location is a sale that they get zero income from.
Considering the amount of manpower involved with creating games, this is a justifiable problem. Unfortunately, the First Sale Doctrine allows users to sell their copies of legally obtained software. Anyone trying to dispute a buyer’s First Sale rights should take a look at Timothy S. Vernor v. Autodesk Inc., which protects users’ rights to sell their used software. If 3DS Max couldn’t get away with attempting to stop users from selling software, console publishers may have a difficult time doing so.
There’s also the problem that every other industry has issues with sales of used products, but there’s not a thing they can do with it. Does GM receive income from sales of it’s used cars? Nope. Does Sony get a cut of used Bravia sales? Does GE get a cut when someone sells a microwave oven or washing machine? Do home builders get a cut when someone buys the home they sold years ago? There’s a resounding no, no, and no to answer each of those quesitons. Would those companies like a chunk of that income? Of course. Unfortunately for them, they can’t do anything about it either.
That still doesn’t change the fact that developers would like to see a bit more income for their hard work, rather than watching Gamestop make very large amounts of income from it. Fortunately, there’s a way to correct this problem without resorting to ridiculous and draconian systems like denying users of the story because they bought a title used.
Find out on Page 3.















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