GameStop Sued Over Lack of DLC For Used Games

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GameStop Sued Over Lack of DLC For Used Games

Posted by Soulskill on Friday March 26, 2010 @05:06AM from the so-many-shoes-dropping dept.

Absolut187 writes "According to IGN, 'A lawsuit filed earlier this week against retailer GameStop says the company is "deceptively misleading" its customers into believing a used game purchased from the store comes with all packaged downloadable content advertised on the box. This content, however, is only made available for free to those who purchase the game new, as the code to access the content can be only used one time.' I personally don't have a problem with publishers charging for DLC. IMHO, you put in the effort to make it, you have the right to (try) to charge whatever you want. I have the right to take it or leave it if I don't find your price fair (same goes for the main game). But what about the used game market? Should publishers be allowed to destroy the used market for their games by including 'free' DLC with a one-time use code? Should the copyright doctrine of 'first-sale' have any effect here? Or is it up to the consumer (frequently children) to realize that the product will have a reduced resale value due to the one-time nature of the DLC code? Is this any different from the use of unique 'CD-Keys' that are required for online play (e.g. for Blizzard games since 1997 or earlier)?"

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Re:What is DLC? by characterZer0 · 2010-03-26 05:09 · Score: 2, Informative

Down-Loadable Content

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Go green: turn off your refrigerator.
It's in the article by tepples · 2010-03-26 05:18 · Score: 4, Informative

I think the obvious solution is for the game developer to allow online sale of new codes to unlock DLC (at a low price).
The article stated that such codes were available for sale, but the price was greater than the discount that GameStop offered for a used copy:

Collins discovered weeks later, however, he would have to pay an additional $15 to access the downloadable content, ultimately paying $10 more than the cost of a brand new copy with the same content.
A meritless Lawsuit by CorporateSuit · 2010-03-26 05:18 · Score: 2, Informative

It's not going to work. Gamestop is rich enough to have lawyers that will squash this little unification of idiots. I have no love for Gamestop, but I downright hate litigous morons. This "I'll sue everyone because I'm almost too stupid to breathe!" attitude SHOULD be stomped on, even if it is stomped on by an "Evil Inc."

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I am the richest astronaut ever to win the superbowl.
Re:You know... by drinkypoo · 2010-03-26 05:19 · Score: 2, Informative

...I understand that publishers don't make any money off used games sales...I get that. What I don't get is why game makers still insist on doing their hardest to prevent the used game market from existing.
Because they can. They already tried this with books, sheet music, and phonorecordings. Then we got First Sale law, which says that you can resell anything you get in your hands regardless of what it says on it, which is why used CD stores can sell you CDs released "not for resale - for promotional use only" etc.

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"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
It costs five times that much by tepples · 2010-03-26 05:20 · Score: 4, Informative

If anyone buys that same copy used, instead of "hell no", they should get a screen that says "This code has already been claimed. But for just $2.99, you too can have this exclusive content"
If by $2.99 you meant $14.99, you have the situation described in the article.
CD-Key by rockNme2349 · 2010-03-26 05:22 · Score: 5, Informative

Is this any different from the use of unique 'CD-Keys' that are required for online play (e.g. for Blizzard games since 1997 or earlier)?
Yes, the CD Keys for Blizzard Games travel with the game. Only one can be active online at any time, but you are perfectly able to uninstall the game and sell it to someone else. DLC is locked in.

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Sewage Treatment Facilities - "Our duty is clear."
Re:What is DLC? by K.+S.+Kyosuke · 2010-03-26 05:24 · Score: 2, Informative

Don't Lose Cash (on it).

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Ezekiel 23:20
Maybe he should look at the box next time by jim_v2000 · 2010-03-26 05:51 · Score: 2, Informative

Look on the left.

It clearly says that the DLC is for retail purchases only.

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Don't take life so seriously. No one makes it out alive.
Comment removed by account_deleted · 2010-03-26 05:53 · Score: 2, Informative

Comment removed based on user account deletion
Re:Why not both? by copponex · 2010-03-26 05:53 · Score: 2, Informative

It's not Gamestop's responsibility to look over every game's box art to ensure its advertising is legit.
It is if they are selling it.
Re:The Bigger Picture. by Nyder · 2010-03-26 07:55 · Score: 2, Informative

/me peers into his crystal ball....
I see game publishers
starting to make complete games included on disc as DLC then make the unlock
code only valid for the original purchaser. That obliterates the
resale market.
Your crystal ball didn't tell you that, unless it happens to be a news reader.
Sony has already talked about including this sort of stuff in some psp games that have, or are about to get released.

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Be seeing you...
Once again... by Anonymous Coward · 2010-03-26 13:23 · Score: 1, Informative

Pirates win
Buyers get the shaft.