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Publishers Want a Slice of Used Game Market

grigory writes "GameStop's business model depends on a healthy flow of used games: incredibly '[GameStop] enjoys a 48 percent profit margin on used games.' Game publishers do not see a cut of the secondary sale because it falls under the first sale doctrine. Now, some publishers and manufacturers want a piece of the pie. 'One marketing executive, who did not want to be identified for fear of angering GameStop and other retailers, said the used game sale market is still depriving publishers of money because it gives consumers an all-too-easy alternative to buying a new game.' Interesting picture of companies fighting for your business, and (surprise!) complaining about being left out of the money stream."

19 of 664 comments (clear)

  1. What used games market? by telchine · · Score: 5, Insightful

    Someone should tell them that, since Steam appeared there is no used games market.

    Hell, come to think of it, now Steam's here, very soon there won't be such things as publishers!

    Sucks to be them! Maybe someone should tell them?

    1. Re:What used games market? by TorKlingberg · · Score: 5, Insightful

      now Steam's here, very soon there won't be such things as publishers!

      Steam is a publisher.

  2. If a used bookstore can sell used books... by JoshuaZ · · Score: 5, Insightful

    If a bookstore can sell used books without giving any money to the publisher, I fail to see why a game store can't sell used games. For that matter, are we going to insist that everytime a geekstore resells pokemon, magic cards, miniature collectibles or other similar items that they need to pay the publisher a fee? Or the same thing for baseball cards. And if the stores need to, why not the individuals? (Maybe I shouldn't be too loud about this but I'm sure the Post Office would love to get money from stamp collectors buying and selling their stamps. Or the Treasure Department and coins...)

    If your idea sounds ridiculous when the product is replaced by a functionally identical product, the idea is probably ridiculous.

  3. What's Next? by nate_in_ME · · Score: 5, Insightful

    If they are actually successful in doing anything about this, what next? Car manufacturers complaining because they don't get a "cut" of used car sales, because used car dealers are providing an "easy alternative" to buying new?

    Either that, or game publishers will be the next on the bailout list...

  4. they already have a slice by Punto · · Score: 5, Insightful

    it's the original sale, that's their slice.

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  5. Re:WTF? by Anonymous Coward · · Score: 5, Insightful

    Even better analogy: You sell your apartment, then when the buyer sells you claim half the profit.

  6. Well of course not by Anonymous Coward · · Score: 5, Insightful

    If a bookstore can sell used books without giving any money to the publisher, I fail to see why a game store can't sell used games.

    That's because you're rational, and understand the first sale doctrine.

    Remember - these companies that are all in the selling entertainment business hold up the Holy Grail of money streams as their ideal. The RIAA. Make an item once, and every single time it changes hands, media - whatever - make a buck on it.

    It's insane, but there's also a metric ton of cash involved, so of course the more unscrupulous types are going to gravitate towards that. Notice how the source who said the gaming companies "want in" on that revenue stream to which they are not entitled, refused to come forward and name himself/herself.

    Any shakedown racket in its infancy would behave the same.

  7. This is the fault of the game companies. by gurps_npc · · Score: 5, Insightful
    People don't decide "Hey, I want to buy a used game."

    Instead people say "Hey, I want to buy a CHEAP game, and don't care if it is not the newest thing out there."

    So if you are a game company wanting to get into the 'cheap, not recently released game' market, it is easy. Simply cut your prices for the stuff you brought out last year by 30% and for two years by 50%.

    You are not going to be cutting into your 'new releases' money, and you will be giving the people what they want.

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  8. Open your own damn stores! by jtownatpunk.net · · Score: 5, Insightful

    If they want a piece of the used game market, they can open their own stores and compete against GameStop just like everyone else.

  9. They need to bring some value to the table by hidden · · Score: 5, Insightful

    In the rest of the world, the only time the original Vendor/Distributor/Manufacturer/Whoever gets a cut of a second sale is when they're adding some value, by doing a factory refurbishment, or inspection, so why should the game publishers be any different?

    They can "refurbish" the game: Reset any DRM installation restrictions, clear out the multi-player accounts, check the disk for scratches, and replace any missing bits of paper in the box.

    Then they can have a cut.

    Until then, welcome to second hand sales.

  10. There will still be publishers by Sycraft-fu · · Score: 5, Insightful

    In the context of a game "publisher" usually means "Guys with the cash." Basically the publisher is the company that ponies up the money to have the game made. That is why you'll see even companies like Epic have publishers. It isn't as though Epic needs someone else's name to sell their game. It is that they don't want to incur all the financial risk. So you get a publisher to pay for it, often a much bigger company.

    Gears of War was published by Microsoft, for example. So suppose they spent $20 million on making it. Not an unreasonable amount for a game that quality, maybe they even spent more. Now let's suppose it had bombed for whatever reason. Had Epic incurred that cost, it would be real hard. They are a private company that employs about 75 people. Private means they can't just sell stock to raise money. A $20 million loss would equal over a quarter million dollar loss per employee.

    Now MS is a massive public company. They've got the cash sitting around that $20 million is peanuts. What's more they can sell stock if they need to raise money. Thus the risk is something they can afford to take.

    More over, many dev studios aren't sitting on much cash at all. So they need money during the development time of the game. After all you have to pay the programmers and artists and such while the game is being written, not after it sells. So even if they were willing to assume the risk, they just can't since they just don't have the money it would take.

    You do see some companies that self publish. Stardock has done this. Galactic Civilizations II was written by them and published by them. Means they self financed the game. All the risk and all the rewards are theirs alone. They've now gotten in to publishing other games as well.

    So publishers probably aren't going away. Many development studios will want someone to pay for their game, and that is what a publisher does. The publisher won't actually distribute the game, they'll just fund it, and then sign agreements with services like Steam and Impulse to get the game to consumers.

    Also, as big as Steam is, you are kidding yourself if you think it is more than a fraction of the market. There are plenty of publishers that don't release games on Steam, and even those that do are often not exclusive. EA sells many of their games on Steam now which gives Steam a huge boost in titles since EA is massive, however EA also sells their games in stores. The store copies don't use Steamworks or anything, they are totally independent of Steam.

  11. I want my pie and eat it! by Diddlbiker · · Score: 5, Insightful

    So, copying software is theft, "just like stealing an apple, or stealing a car. There is no difference; you're stealing a product". And yet, when it comes to reselling those products, different rules apply? Once I've bought my apple, or car, or furbie, I can sell it to whoever I want for whatever price I want. Why would software be different if you want it to be treated as a tangible object?

  12. It's a basic principle by FranTaylor · · Score: 5, Insightful

    "the used sale market is still depriving of money because it gives consumers an all-too-easy alternative to buying a new "

    This is the precise concept that motivates the First Sale Doctrine. You only get paid for selling something yourself. Why should you get paid when someone sells something that used to be yours? When you sell your used car, do you have to give a kickback to the person you bought it from? It makes no sense at all given the set of commerce rules that we have come to accept over the centuries.

    Really there is no end of the negative consequences that result if you decide that First Sale is not a valid concept. You have to question the entire meaning of the word "sale" if you do this.

  13. here's how they could threaten gamestop by goombah99 · · Score: 5, Insightful

    they could announce they were cutting the price of games by 1/2 unless gamestop revenue shares. If they did that then the price of used games would drop by half too and game stop would lose half its revenue!

    The price drop would actually not mean fully half revenue loss for the publishers because they would sell more games.

    --
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    1. Re:here's how they could threaten gamestop by chromatic · · Score: 5, Insightful

      The price drop would actually not mean fully half revenue loss for the publishers because they would sell more games.

      I was just thinking the same thing. The presence of a used games market demonstrates that there are customers who prefer to buy games at a lower price. The real question is whether they would buy the game at the higher price if there were no used market (that is, they're out for a bargain) or whether the lower price convinced them to buy something they wouldn't buy normally.

      If there are enough of the latter, it's worth doing.

    2. Re:here's how they could threaten gamestop by SignalFreq · · Score: 5, Insightful

      I never purchase new games anymore. Interestingly, it's not because I can't afford to drop $60 on the game, but because I just can't see the game being worth $60. For $60 I get 20 hours of content, maybe 30, I'm taking a risk on not liking the game, not being able to return it for a full refund, and encountering bugs or game play issues that are silly and frustrating. Not to mention the irritations of DRM.

      I'd much rather wait a year or more and buy the game at $20 new on sale. I still get the same content, I get the benefit of a year's worth of reviews to decide if I like it, and most bugs and game play issues have been fixed. I just finished Mass Effect, loved it, and bought it new for $20 instead of $59 when it was released.

      Publishers have definitely priced themselves out of my market and what I'm willing to spend on entertainment. Even though I can easily afford to pay more, I won't because it offends my sense of reasonable value. I think the turning point for me was around $40... anything more than that just seems like they are gouging me. I probably purchase 10-15 games a year, so assuming 10, if they priced at $40 they would get $400 from me, instead, I wait and they only get $200 from me.

  14. Re:anonymous coward wants slice of first post mark by Anonymous Coward · · Score: 5, Insightful

    All i'm hearing is "whaaa! I want more money" bullshit. I am tired of these companies who want everyone else to play by the rules (copyright) trying to circumvent the first sale doctrine. Guess what assholes, someone already paid the market price you set for the game and you got your compensation. If you think it's unfair, raise the prices and see if you get as many people purchasing your game. It is bad enough game companies sit on games that they have effectively abandoned, abuse people's PCs with malware designed to "stop piracy" and overall treat the customer with general contempt.

    Gaming companies have already done a bang up job preventing PC gamers from selling/giving away their game to other interested parties and now they want to double tax paying customers because of their silly said business model. So go ahead and cripple the resale market. You may be able to kill it but there will always be the black market and those first sales you may have gotten will dry up as well.

  15. Re:anonymous coward wants slice of first post mark by Goldberg's+Pants · · Score: 5, Insightful

    The translation:

    "Wah wah wah!"

    Perhaps if you greedy bastards didn't sell games at the price you do more people would buy them. Instead, for a lot of people, they can't just casually pick up a game and take a chance like you would on, say, a $20 DVD. $70 is a LOT of money to gamble on something that stands a 50/50 chance of being garbage. And no retailer I've ever come across will give you your money back under any circumstances, so you take a big chance buying most new games.

    Perhaps if the industry didn't put out so much absolute garbage we'd be more willing to take the chance. Unfortunately they aren't willing to not release unfinished games, crap games, and so much other effluence.

    They're reaping what they have sown. And all they seem to do is cry about used games and how they're losing revenue.

    Cry me a river.

  16. Re:anonymous coward wants slice of first post mark by Kadin2048 · · Score: 5, Insightful

    One simple way would be to come out with more 'classic' releases - selling reprints of older game titles for a fraction of their original cost, but still pure profit for the manufacturers at this point. Pressing discs isn't that much.

    Bingo. And that they're not doing that is what convinces me they're not really interested in giving customers a good value proposition; they're just bitching that someone is preventing them from screwing customers as hard as they'd like to.

    If they sold "classic" (anything that's not the new hotness) games in different packaging for the price of used, who would buy used? They could take the wind out of Gamestop's sales right there.

    Lots of companies spend giant piles of money trying to figure out what customers want so that they can try to deliver it. In this case, it's blatantly obvious what customers want -- a slightly cheaper game -- and it's even obvious exactly what price they're willing to pay. Gamestop has done all the market research for them. If they want to make money, it's on the table for them to take. If they don't, they can let Gamestop take it.

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