Digital Ownership: Game Over?

Digital Ownership: Game Over?

Valve, a video game developer, is regarded as one of the most talented teams in the industry. They have released classics such as Half-life and Portal, but they also own the digital distribution service Steam. It’s a simple and easy way to purchase video games at (often) discounted prices for the PC. It’s an incredible marketplace and has become one of the most popular pieces of video game software. What many people don’t realize is that when they “purchase” a game, they technically don’t own it.

This critical piece of information is purposefully hidden deep within Steam’s End User License Agreement. For those who are unaware, an End User License Agreement (EULA) is a set of guidelines that everyone is forced to accept when using a piece of software. Critics of EULA’s often state that they are unfair to the consumer due to their purposefully difficult to understand language and exorbitant length. In the case of Steam, the EULA is seven thousand words (over ten times longer than this article) and, according to the Dale-Chall readability level (which calculates how easy it is to read a document), can only be easily understood by a college graduate.

To Valve’s credit, the EULA does explicitly state that “The Software is licensed, not sold” and that “Your license confers no title or ownership.” But isn’t it unfair that this piece of information, which essentially turns a purchase into an unlimited rental, is hidden behind a mess of confusion? Honestly, Steam has enough incredible discounts that I’d openly accept this as an extra fee, but it’s clandestine nature changes everything.

Furthermore, the argument can also be made that the concept of an “unlimited rental” is unfair. European Union Courts have ruled that, if legal payment is received for an unlimited license of a product, “a transfer of the right of ownership” has occurred. Confusingly, this ruling is in direct conflict with many of Steam’s policies.

Specifically, users aren’t given the ability to resell their games. However, if we were to work under the concept that an “unlimited rental” transfers ownership, the United States First-Sale Doctrine should force a reversal of this policy. The First-Sale Doctrine states that legally purchased material may be resold by the consumer. However, due to the difficult logistics of digital resale, Steam, a company worth over one billion dollars, is exempt. It’s important to note that Green Man Gaming, a Steam competitor, does allow for digital resale, so the technology does exist.

Valve has been able to bend the rules to serve their interests. This alone should frustrate the consumer, but the fact that this information is hidden is completely unfair and needs to be changed.