Consumers in European Union member states are allowed to legally resell games and software that they purchased and downloaded.
This groundbreaking decision comes from the Court of Justice of the European Union, which arose from a legal dispute in German courts between software reseller UsedSoft and software developer Oracle. The ruling is based on the principle of exhaustion of the distribution right, which indicates that once a copyright holder sells a copy of their software or game, they cannot prevent the subsequent resale of the copy.
This decision has significant implications for consumers across the EU, as it applies to digital games and software acquired through various distribution platforms, such as Steam, GoG, and Epic Games. Under the ruling, the original purchaser of a game or software is entitled to resell the license and enable a new buyer to legally download it from the publisher’s website. In addition, the court’s decision overrides clauses in end-user license agreements that prohibit the transfer of digital products.
But while the right of distribution becomes exhausted after the initial sale, the copyright holder’s exclusive right of reproduction remains protected. This means the original purchasers and future buyers cannot make unlawful copies and must also cease their own access to the software upon resale.
How the transfer of license ownership is actually done remains to be seen, as the ruling was not clear on this aspect. It’s also unclear if and when the likes of Valve and EA will make changes on their platforms to comply with the ruling.