Originally Posted by ThumperII
Then why are games still $59 for the Xbone? Aren't we supposed to get cheaper games?
We actually do have rights as covered by law. EU even has a decision saying they have the right to sell downloads. There is also the First Sale Doctrine here which MS seems to be skirting. Yes, it is a hobby, but those are the things that make living a long live fun.
Games are still $59 because that's what the physical market will bear. It also takes into account the market effect of used games, including the retailers' end. The move to digital removes that, manufacturing costs and traditional marketing from the equation, which is why digital downloads will eventually be able to be offered a premium. It's transitional, though... It won't happen overnight.
And as I said earlier in the thread, that EU decision isn't what people think it is. The end user has the right to resell licenses direct from the publisher, but the publisher is under no legal force to provide a means by which to do so. Additionally, services like Steam skirt that law by having it in their terms of service that game purchases are permanently tied to a single account. The end result of that decision, at least where Steam is concerned, is that you have the legal right to sell your Steam account to someone else, along with all the games attached to it... but you don't have the legal right to move a license from your account to the account of someone else. Since Xbox Live ties games to your account, they aren't susceptible to those resell laws.
Legal precedent in the U.S. is similar, wherein the prevailing case is one where someone resold a license for an Autodesk product. The decision is much the same here, wherein licenses purchased from an individual company could potentially be transferred, but licensing done through a third-party provider is dictated by the terms of service of that provider. It also eliminates First Sale Doctrine from the picture, as the physical media is just the medium by which the software is tied to your account. So while I know internet "experts" keep referencing these things, they aren't remotely what people think they are. (Sorry... 15 years at a law firm prompts me to actually read stuff like this. Heh...)