StingingVelvet: You don't own games no matter where you buy them... it's always a license. Steam is only different in that it has the tools needed to thoroughly enforce that.
barleyguy: Not necessarily true. In two particular court cases, it has been held that buying software is treated as a sale, not a license, especially with regards to the first sale doctrine.
Quote:
District courts in California and Texas have issued decisions applying the doctrine of first sale for bundled computer software in Softman v. Adobe (2001) and Novell, Inc. v. CPU Distrib., Inc. (2000) even if the software contains a EULA prohibiting resale. In the Softman case, after purchasing bundled software (A box containing many programs that are also available individually) from Adobe, Softman unbundled it and then resold the component programs. The California District Court ruled that Softman could resell the bundled software, no matter what the EULA stipulates, because Softman had never assented to the EULA. Specifically, the ruling decreed that software purchases be treated as sales transactions, rather than explicit license agreements. In other words, the court ruling argued that Californian consumers should have the same rights they would enjoy under existing copyright legislation when buying a CD or a book.
EDIT: Also, here's 2 more cases that find the same thing (a recent Autocad decision, and a prior circuit decision dealing with resale of film, that was held valid in the Autocad decision.):
http://ipcenter.bna.com/pic2/ip.nsf/id/BNAP-7F5HZD?OpenDocument -----
The ability to disable my software is a primary reason that I'll never use Steam. Personal decision for everyone else though.
Interesting.
I personally fear it is a moot point though, unfortunately, given where we are headed with account based games due to this legal question. This ruling in the meantime though presents two seperate issues:
1) Digitial distribution on an account-based basis will almost surely become standard at some point. The companies want it for obvious reasons, and the vast amount of consumers accept it for whatever reason. It's sort of a pointless battle, sadly, as if I want to play games I would bet in no time I will have to accept their rules.
2) Wouldn't this make SecuROM and other programs that limit my access to my software, when purchased retail and considered a sale, illegal? If I own my copy of Mass Effect outright, doesn't EA later limiting my access to the game constitute theft?
On a side note, I am actually against reselling media for multiple resons, but I still am a firm believer in being able to play my games whenever and however I want.