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Mori_Yuki: What specifically do you have in mind that he and others could cover, and are you expecting it to lead to GOG removing certain provisions? Some provisions can't be removed due to the new laws, unlike house rules, they can readily change.
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GamezRanker: Maybe not removing provisions/etc, but GOG could maybe remove that whole "take away game library" punishment?
They can do that. They could have also foregone transferring it from the still-valid User Agreement (2020 - Termination 17.2) to their new COC.

Let me make this absolutely clear: I am as much in favor of removing such provisions or changing them. For instance, we reserve the right to temporarily or permanently revoke access to Galaxy, the forum, and private messages for serious violations of our COC, but you will still be able to access your website library.

I will disregard any potential violations outlined in the new COC and TOS qualifying an individual to lose access to the library. It is a matter of the majority suffering potential consequences for potentially violating conduct and criminal acts committed or committable by a minority of individuals. This is how restrictive laws and provisions, aimed at preventing criminal acts or violations like hate speech and copyright infringements, can end up affecting and punishing a majority of people, despite their best efforts to behave and follow rules and regulations.

So, even if GOG decides to remove those provisions and accompanying language outlining what can lead up to permanent termination and revocation of access, it's still not off the table and will remain a possible consequence.
Post edited January 31, 2024 by Mori_Yuki
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InkPanther: We have similar distinction in the EU. You can resell a computer program license but so far there is no consensus regarding video games, for exactly the same reason - there's more to a game than just a program.
In theory that's possible, but in reality selling a online acquired photoshop licence can become quite complicated..
And no, there is no difference between games and programs. You have a game on disk? Sell it. Done. I also don't think I could sell my WinRAR licence (legally, so the new holder is the registered owner at WinRAR).
The difference between game and business software is only in how the DRM works.

And now everyone is switching to abonnements anyway. Adobe, Autodesk, Microsoft, they all push annual payments forward, so you didn't "buy" anything anyway.
And then there are mixed forms: Buy a licence, then get a service contract to get program updates and free support.

Tesla even has a abonnement for certain car functions, like higher power usage. If you sell your car, the new owner won't get that feature, since the contract was made with you. He has to make a new contract.
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neumi5694:
In short: Yes, in the EU you can resell a software license [1]. I'm not saying it's always er... practical? Legally it's not settled if video games are just programs. Reselling a physical object is a different matter. Subscription is also a different matter.


[1] Here's the ruling:
https://curia.europa.eu/juris/liste.jsf?num=C-128/11
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InkPanther: In short: Yes, in the EU you can resell a software license [1]. I'm not saying it's always er... practical?
Most definitly not :)

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InkPanther: Legally it's not settled if video games are just programs.
Video games are programs, not "just".

There is no legal difference between Tetris and Excel, when both are run the same OS and architecture.


Music rights and such stuff make it of course more complicated, but in theory also Excel could contain music.
And one Windows version (95 I think) contained a soundfile, that was encoded with a program, which Microsoft had no licence for.