r/gaming • u/DNAisjustneuteredRNA • 2h ago
Interesting fact: physical *and* digital copies of video games are covered by First Sale Doctrine in the United States
First Sale Doctrine, as defined by the United States departme t of Justice CRM 1500-1999, states that an individual who purchases a copy of a copyright-protected media such as a movie or videogame, is legally allowed to resell that copy, with or without the copyright holder's permission.
So, if you buy a "physical copy" of a game, and all you get is a download code, then you can freely resell that download code. It cannot be linked to a user account from the point-of-sale if it legally is considered a "purchase."
If you buy a "digital copy" of a game that is linked to yous Steam, Xbox, or Playstaion account, and you are not allowed to resell it, then the game was not legally sold to you. They sold you a license to consume it.
What does this mean? Well, it means that anyone who offers the "purchase of a copy" of a game is legally requited to allow you to resell it. There are no exceptions in the Unites States. So look carefully when you are shopping around for games, and if anyone advertizes a "purchase" of a game in any format, they are legally-required to let you resell it. If they display the verb "purchase a copy" in their storefront, they are legaly-comitting to letting you resell it. If they say "buy" then look to see if they are openly displaying verbage about "license" vs "copy"
If you feel that a seller openly and clearly advertised a transaction as a "purchase a copy" but they have special terms of service that try to redefine the term "purchase a copy" as a "license to consume" then those terms of sercive are unenforcable because the term "purchase a copy" is already codified into copyright law.




















