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AusGAF IV - A No Hope, Government - Double the price, region locked and now adults

MrSerrels

Member
Choc said:
the day is early but one of the usual culprits has managed to sort it out, all im sayin

I was out this morning and was shitting myself that it would break and I couldn't cover it/use Vooks' template!
 

Omikron

Member
HolyCheck said:
btw, can you post what you mean by this?

As jambo says, essentially you don't 'own' the game, you just have a licence to play it. (yes, second hand sale blah blah whatever), but it is true.

I would argue that goes for a lot of products these days, not just those that are digital. You have a licence to use said product, but don't really 'own' it.
 

jambo

Member
I used to be firmly in the "owning the game camp," but after some rumination on the subject I've moved to the "owning a license to play game" camp.
 
Gazunta said:
The day's early yet Choc.

So after Uncharted there's Mw3 and Skyrim, anything else big that we're watching for breaks?

Happy Feet 2 on December 7 excluded of course
I would think Assassin's Creed Revelations is as big or bigger than Skyrim, so add that to the list.
 

jambo

Member
Gazunta said:
The day's early yet Choc.

So after Uncharted there's Mw3 and Skyrim, anything else big that we're watching for breaks?

Happy Feet 2 on December 7 excluded of course

Skyward Sword? Assassin's Creed 4? Halo HD? Saints Row 3?
 

Bernbaum

Member
The suits in commercial want to take me to lunch at the titty place but I'm wearing a corporate-branded polo and it's a potential PR concern.

FUCK MY LIFE FIRST WORLD PROBLEMS.
 

Choc

Banned
Bernbaum said:
The suits in commercial want to take me to lunch at the titty place but I'm wearing a corporate-branded polo and it's a potential PR concern.

FUCK MY LIFE FIRST WORLD PROBLEMS.

go buy another polo?
 

Yagharek

Member
jambo said:
I used to be firmly in the "owning the game camp," but after some rumination on the subject I've moved to the "owning a license to play game" camp.

Functionally, you do own it. You can lend it, resell it, keep it or whatever. It is exactly the same as owning a book. What you dont own is the copyright on it.

If any industry pushes too hard on the "you dont own it, trollface" line, the prices will crash as people will stop buying.
 

Choc

Banned
RandomVince said:
Functionally, you do own it. You can lend it, resell it, keep it or whatever. It is exactly the same as owning a book. What you dont own is the copyright on it.

If any industry pushes too hard on the "you dont own it, trollface" line, the prices will crash as people will stop buying.

can't resell steam games.


Vince i get what you're saying but most EULAs ban you from reselling the software in both corporate and entertainment software. You don't have a EULA on console software (except the online services) so therefore yeah you can sell it second hand but there are examples where you cannot (such as the aforementioned digital games)

im not saying this is the correct way for people to do business, but its there.
 

Yagharek

Member
Well obviously I'm not talking about steam games. I'd love to see someone try and crack down on second hand sales. Police arresting anyone selling games in the local flea markets. Go on cunts, try it.
 

HolyCheck

I want a tag give me a tag
Omi said:
As jambo says, essentially you don't 'own' the game, you just have a licence to play it. (yes, second hand sale blah blah whatever), but it is true.

I would argue that goes for a lot of products these days, not just those that are digital. You have a licence to use said product, but don't really 'own' it.

Meh, if they want to remove my 'license' for a DD they can in 2 minutes.

if they want to remove my 'license' for a bought DVD / CD game they will need to break into my apartment.
 

midonnay

Member
Is Joe hockey deliberately sabotaging Abbott?

why didn't he just say nothing or "no comment" rather than "well yes, Qantas did tell me about the potential for a lockout before hand"
 

Choc

Banned
midonnay said:
Is Joe hockey deliberately sabotaging Abbott?

why didn't he just say nothing or "no comment" rather than "well yes, Qantas did tell me about the potential for a lockout before hand"

There are rumblings that a lot of Liberals are not liking tony behind closed doors right now and the way he is behaving

its not been a good week for abbott. The sinking boat in Indonesia will be put on him
 

Yagharek

Member
Jintor said:
I don't even know what you're talking about half the time, Vince

Pay attention then.

All I'm suggesting is that if these companies think you "dont own it", then I'd love to see what they consider grounds to revoke your "license" and stop you playing it. Because we have all broken the agreements they impose every time we lend it to a friend or attempt to resell it.

Obviously the rights holders don't seem intent on enforcing the "license only" model, so does that constitute an abandonment of the license only model in a functional sense?

ie we own what we buy, just as always.
 
Interesting that game second-hand sales are fine, but when was the last time you saw anyone selling MS SQL Server 2005 licenses second-hand, or Oracle licenses?
 

ShyGuy

Member
Marshmellow said:
Did you just post and not read anything on this page?
LOL no...there was a mention in the previous page, and then this page was all about "owning a licence" and stuff like that.

So I thought I'd just quickly ask if anyone had actually gotten it yet...via a broken street date.

No good?
 

Yagharek

Member
I'm assuming productivity software is somehow regulated differently (or actually regulated accordiing to the letter of the law) since you can make money from it. Or it enables you to operate a business.

Games have no productivity benefits whatsoever.
 
ShyGuy said:
LOL no...there was a mention in the previous page, and then this page was all about "owning a licence" and stuff like that.

So I thought I'd just quickly ask if anyone had actually gotten it yet...via a broken street date.

No good?

Lol,ok. No nothing yet and choc said it is not going to, but i am holding hope.
 

Agyar

Member
RandomVince said:
Pay attention then.

All I'm suggesting is that if these companies think you "dont own it", then I'd love to see what they consider grounds to revoke your "license" and stop you playing it. Because we have all broken the agreements they impose every time we lend it to a friend or attempt to resell it.

Obviously the rights holders don't seem intent on enforcing the "license only" model, so does that constitute an abandonment of the license only model in a functional sense?

ie we own what we buy, just as always.
Need professional help with the minefield of software licensing? Random and Vince Lawyers are here to help. At Random and Vince, we will fight to get every one and zero you deserve. No license agreement too big, no case too small. Our old-fashioned approach will give you piece of mind, because at Random and Vince, we believe that if you can fit it on a DVD it's yours and nobody can take away that right, not even you when you sign a contract saying otherwise.
 

Jintor

Member
RandomVince said:
Pay attention then.

All I'm suggesting is that if these companies think you "dont own it", then I'd love to see what they consider grounds to revoke your "license" and stop you playing it. Because we have all broken the agreements they impose every time we lend it to a friend or attempt to resell it.

Obviously the rights holders don't seem intent on enforcing the "license only" model, so does that constitute an abandonment of the license only model in a functional sense?

ie we own what we buy, just as always.

So you're basically arguing that because the distributor/publisher rights that you sign away aren't enforced en masse that they don't exist?
 

Choc

Banned
RandomVince said:
I'm assuming productivity software is somehow regulated differently (or actually regulated accordiing to the letter of the law) since you can make money from it. Or it enables you to operate a business.

Games have no productivity benefits whatsoever.


Serrels may disagree with this, and Jintor

Without games, they aint got a job


Actually every person working in publishing, distribution etc
 

Jintor

Member
I do seem to recall a US case regarding a distinction being drawn between 'utility software' and 'entertainment software', so I do think he might be right on that count.

It's all above my pay grade at the moment though. *shrugs*
 

Yagharek

Member
Jintor said:
So you're basically arguing that because the distributor/publisher rights that you sign away aren't enforced en masse that they don't exist?

The publishing industry says that second hand sales and lending to friends (unauthorized) is illegal. I'm saying it is legal.

Which side seems more absurd?
 
RandomVince said:
I'm assuming productivity software is somehow regulated differently (or actually regulated accordiing to the letter of the law) since you can make money from it. Or it enables you to operate a business.
My point is that software is software is software. It shouldn't matter whether it is for entertainment, productivity or something automated.

However, the licenses for things like SQL Server probably explicitly say you can't resell them whereas boxed games probably don't. Has anyone actually bothered to read them in their entirety?
 

Jintor

Member
RandomVince said:
The publishing industry says that second hand sales and lending to friends (unauthorized) is illegal. I'm saying it is legal.

Which side seems more absurd?

What does absurdity have to do with it? Law is law. An appeal to rational emotion or gut feeling isn't going to get you anywhere here. (Unless we're talking, I don't know, in equity or something).

Practicality aside, of course.

Note: This is a purely legal thing and I'm not arguing against your position, just trying to understand it.
 

VOOK

We don't know why he keeps buying PAL, either.
MrSerrels said:
I was out this morning and was shitting myself that it would break and I couldn't cover it/use Vooks' template!

Just remember there's MW3, SM3DL, Skyward Sword, Skyrim still to use that on!
 

Yagharek

Member
You guys will have to forgive me here. I'm coming at this topic from a science background where facts are what is dealt with, unlike a corporate law background which is a minefield of logical inconsistencies.

Bare with me here...

A software is sold with three main concepts in play.

The first is that of copyright. That is, only the content owner has the rights to make duplicates for sale. That's perfectly fine by me, even though Disney bastardised the law's original interpretation.

The third is ownership. That is, the person who pays the money gets something in return. A good or product if you like. You know, that standard principle of human commerce that is only predated by bartering.

The second, in the middle, is licensing. Licensing serves no real purpose if copyright exists. Copyright essentially says "don't pirate" and that's legitimate. Licensing says dont lend it to a friend, display in public, resell it, hire it, broadcast it or use it outside the home. Further, resale is expressly prohibited unless authorised by the publisher, according to the manual I just checked then. It also says the same about rentals, but I figure we all know that blockbuster pay more for a rental copy so I wont argue that.

So what company X says is that I need to get a written letter from them before I'm allowed to sell it to a third party, be it jb, eb or a mate down the road, or on ebay.

If you agree with licenses jintor, as you said earlier, then you must never ever sell or lend your games to anyone.

Further, licenses are region limited, so it is also violating the license if you import games as well. Or sell them overseas like a limited edition of Infamous 2 to a Scandinavian AusGAF visitor.

So since I can only assume you are pro-license, and have never imported, loaned, sold or bought a game used, then you most certainly aren't a hypocrite in which case I cordially invite you to notify Warner Bros Interactive that I intend to trade in my copy of Batman at EB Games Carousel, in the suburb of Cannington tomorrow morning. I trust you will arrange the necessary documentation to prevent this heinous crime from taking place.
edit: sorry, jambo said it but the point stands.

codswallop said:
Interesting... Wikipedia says that the 'Robin Edition' of Arkham City was supposedly exclusively available to Game and Gamestation in the UK, but OzGameShop has it.

Dont import is, as that violates the software license.
 

Jintor

Member
RandomVince said:
The second, in the middle, is licensing. Licensing serves no real purpose if copyright exists. Copyright essentially says "don't pirate" and that's legitimate. Licensing says dont lend it to a friend, display in public, resell it, hire it, broadcast it or use it outside the home. Further, resale is expressly prohibited unless authorised by the publisher, according to the manual I just checked then. It also says the same about rentals, but I figure we all know that blockbuster pay more for a rental copy so I wont argue that.

So what company X says is that I need to get a written letter from them before I'm allowed to sell it to a third party, be it jb, eb or a mate down the road, or on ebay.

If you agree with licenses jintor, as you said earlier, then you must never ever sell or lend your games to anyone.

Further, licenses are region limited, so it is also violating the license if you import games as well. Or sell them overseas like a limited edition of Infamous 2 to a Scandinavian AusGAF visitor.

So since I can only assume you are pro-license, and have never imported, loaned, sold or bought a game used, then you most certainly aren't a hypocrite in which case I cordially invite you to notify Warner Bros Interactive that I intend to trade in my copy of Batman at EB Games Carousel, in the suburb of Cannington tomorrow morning. I trust you will arrange the necessary documentation to prevent this heinous crime from taking place.

A) I never said anything about being 'pro' or 'anti' licence. They just exist. Stop being so bloody antagonistic.

B) I disagree with the assertion that licencing serves no purpose if copyright exists, since licencing - as you have noted - deals with an associated bundle of rights that the intellectual property holder can essentially offer or trade to others.

I guess you can disagree with the idea that intellectual property holders have the moral right to impose certain licence terms upon consumers, but that's a disconnect between the law and perceived moral rights. In purely legal terms the IP holder possess the rights.
 

EatChildren

Currently polling second in Australia's federal election (first in the Gold Coast), this feral may one day be your Bogan King.
VOOK said:
Just remember there's MW3, SM3DL, Skyward Sword, Skyrim still to use that on!

It speaks volumes that I hiked to EB many years ago after moving out of home for the first time, to the city no less, to pick up a Collector's Edition copy of Oblivion for PC, and this year I couldn't give a single fuck about Bethesda's latest turd.

Call me when the modders fix it.
 
Just got an email from HN saying they've invoiced my UC3 SE preorder.

Someone on Whirlpool just got the call to pick it up.

Street date broken I guess? They haven't called me yet...
 

Fogz

Member
BanShunsaku said:
Just got an email from HN saying they've invoiced my UC3 SE preorder.

Someone on Whirlpool just got the call to pick it up.

Street date broken I guess? They haven't called me yet...

I've heard nothing from them at all yet. Might wander over and have a look after work.
 

Rezbit

Member
I like games. Sometimes I buy them at the shop, sometimes from Steam, sometimes I import. Sometimes I lend them to my friends, sometimes I borrow them. I've even been known to rent them from a video shop.

This utterly useless post brought to by your local Rez.

And leave Skyrim ALONE!
 

Choc

Banned
The street date has NOT broken and anyone that sells will be in serious shit let me tell you

There are people watching the usual outlets as to where the first news breaks like a hawk.
 

Gazunta

Member
Rezbit said:
And leave Skyrim ALONE!
Cosigned :p

Clive, weird that it's not showing up - it's up on the US store.

You're not missing anything

And Choc yeah you bet I'll be F5'ing the usual places like crazy on the 11th :)
 
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