Pray4Mojo
Pray4Mojo
9/20/19
4:39 PM
1

Well put. There’s a time and place for music. Some jobs yes, others, no.

9/20/19
3:48 PM
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I’m also struck trying to reconcile first use doctrine with the fact that CD’s Scratch, Books dog ear and bend, records warp, etc. There’s a built in incentive to buy new from the distributor. I have to wonder if the distinguisning characteristic, at least as far as “first use doctrine” goes is the simple fact

9/20/19
3:30 PM
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Fair point. I’ve spent a lot of (too much) time writing and thinking about this and talking to people about this since this story broke. That seems to be the inevitable conclusion is that while you don’t have the right to copy and sell purchased software, it seems that we are moving to some alternative right to

9/20/19
3:15 PM
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My understanding of “first sale doctrine” is that it applies only to the material object upon which copyrighted work is embodied.

9/20/19
2:40 PM
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Thanks for your input. I’m not sure I agree with all of your points, but I appreciate you’re making them thoughtfully and am enjoying this exchange (which is unfortunate because I really should be getting some work done, but this is more interesting).

9/20/19
1:47 PM
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From a practical perspective though, Steam is a lot closer to Adobe or Microsoft, than it is to Wal-Mart.

9/20/19
1:19 PM
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Cool, thanks for the info.  I’m definitely coming at this from a North American perspective, so it’s good to get some other points of reference.

9/20/19
1:16 PM
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I think we mostly agree, but I’m not sure how one can can look at this situation as being non-copyright based. Computer code is considered a “work” as defined by the copyright act. Ownership over a work is vested as copyright which gives the creator over the work exclusive rights to control how that work is copied or

9/20/19
12:00 PM
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Thanks for beta testing this for us EGS users!

9/19/19
10:35 PM
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Yeah, that was my interpretation too. At this point I should really just read the decision and maybe that will clear it up, because to my mind, the purchase transaction is the contract and relationship between steam and consumer should be one of licensor/licensee rather than subscriptor/subscriptee and I’m still

9/19/19
10:21 PM
1

Well, I’d argue that I’m far more conditioned by a law school education and several years as a practicing lawyer than I am by game companies, but you do you.

9/19/19
9:37 PM
1

The biggest problem as I see it, is conflating two very different principles of “license” and ownership. I appreciate that they are often used interchangeably colloquially, and sometimes in imprecise legal writing, which is unfortunate and tends to confuse the issue.

9/19/19
9:09 PM
1

The problem is that we are trying to discuss something of a non-physical nature, with terms originally designed for physical things. Terms like ownership are tricky, because ownership, in the common law, is a right to immediate possession of a thing, with the basic idea that only one of any given object can exist at a

9/19/19
8:57 PM
3

I’m sorry, was that your dog I ran over the other day?

9/19/19
6:28 PM
3

Very interesting. I’m curious what kind of advantage they get out of this, rather than being simply an online vendor of personal use licenses. I’m still not sure, just because they call themselves a “subscription service” makes them so. I mean, I can get you to agree to call me a duck. It doesn’t make me a duck.

9/19/19
5:57 PM
4

Well, not to be too pedantic (I’m always happy to be “a little pedantic”) but a lease would imply a time limited license with the option for renewal. Really the button should say “enter contract for non-transferable private use-license for specified digital content” but that didn’t look as good in the user interface.

9/19/19
5:40 PM
2

It depends how you define “a product.” The issue with digital information is that it’s not a specific “thing” as we would define a product. Things can be exclusively possessed, and exclusive possession can be transferred.