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Even if it were technically possible to restrict console titles to being played on a single machine, any attempt to shut down the second hand software market is likely to run into major legal concerns, a top UK lawyer has told GamesIndustry.biz.
In an article published today on the site, Davenport Lyons partner Brian Miller outlines the legal situation surrounding the pre-owned software market - which recently came under intense scrutiny after it was claimed that Sony plans to prevent the sale of second hand software on PS3, a claim which the firm has since denied.
"Leaving aside the practicalities of creating such a form of licence and the various difficulties that might arise, for example, where the purchaser owned two consoles," Miller said, "it is difficult to determine the legal basis upon which Sony would be able to prevent subsequent resale of the disk."
He believes that European and UK law regarding the enforceability of End User License Agreements - especially where the purchaser of the software in question is a minor - as well as strict laws over what contracts can and cannot be enforced upon consumers, would probably spell the end of any such restrictions.
In terms of controlling the resale of games, publishers and platform holders are equally restricted, Miller claims - with European law on the exhaustion of right and various terms of the Competition Act both in place to prevent manufacturers from restricting the movement of their products around the marketplace.
Well secondhand gaming is very important where do you thing places like eb and gamestop get all those used games from? It comes from people like us turning in games when they get tired of them or don't need them anymore.
I think i've just realised that I don't buy Second Hand games really either; and I dont trade them in, mainly because I have alot of PC games, but I have seen some older Preowned games, and have for a rare Maxis sim game off ebay
I usally turn to preplayed games when theres something I wanna play that you can't get it on a normal store shelf anymore. I use preplayed gaming as a way to get good deals on games with out having to pay a huge price as some of them are very expensive.
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