In October 2022, The Paris Court of Appeal has recently overturned a previous judgment regarding the resale of digital video games, dealing a blow to hopes of establishing a second-hand market for intangible games in France and the rights of a consumer. The initial ruling by the Paris High Court in 2019 had deemed the practice lawful, but the Court of Appeal’s decision in October 2022 has reversed this decision.
The case involved a dispute between the consumer rights organization UFC-Que Choisir and Valve, the company behind the popular video game platform Steam. Valve’s platform allows users to purchase digital versions of games, meaning they are downloaded and installed directly onto a device without the need for a CD, DVD, or cartridge.
Explanation for Court of Appeal’s ruling was in favor of copyright holders which stated,
“The market for second-hand intangible copies of video games risks affecting the interests of copyright holders much more strongly than the second-hand market for computer programs,” the court rules.
The Court of Appeal’s judgment concluded that the rights holder of a digital game cannot oppose the resale of a copy, even if the game was initially purchased by downloading. This decision is a significant one as it contrasts with the treatment of other types of dematerialized programs, with the court noting that the resale of intangible copies of video games poses a greater risk to the interests of copyright owners than the resale of computer programs.
Check out our editorial about why reselling digital copies is a good thing.
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