Fable III Dev: Used Game Sales More Costly Than Piracy

eldavojohn writes "A developer working for Lionhead, the studio behind Fable III, told Eurogamer that piracy is 'less problematic' than used game sales, from a business perspective. Mike West, the lead combat designer for the latest Fable, said, 'For us it's probably a no-lose even with piracy as it is. But, as I say, second-hand sales cost us more in the long-run than piracy these days.' So downloading a game is bad, but apparently stopping by a second-hand store to pick up a licensed physical copy of the game ends up hurting them even more."

Comments

"License"

[KingSkippus]

The problem is that when you plunk out your money to buy the shiny new, it is not a sale. Legally, you're buying a "license" to use the game, which gives game companies the ability to dictate and/or change the terms of those license at their will.

It's not really SCOTUS that needs to address it, it's Congress. We need a law that basically says, "If it looks like a sale, acts like a sale, works like a sale, then it's a sale." Software shouldn't be able to be licensed except in very specific circumstances, none of which apply to individual end users purchasing entertainment software.

If SCOTUS did take up the issue, they need to basically rule most EULAs unconscionable.

At any rate, I doubt any of that will happen any time soon. People are too addicted to that hot new Xbox/PS3/PC game to worry about little details like consumer rights.

Re:"License"

[SoftwareArtist]

The problem is that when you plunk out your money to buy the shiny new, it is not a sale. Legally, you're buying a "license" to use the game, which gives game companies the ability to dictate and/or change the terms of those license at their will.

Let me tell you a story. This story didn't actually happen in the real world. It only took place in a fantasy world that software companies wished they lived in.

I went into a store that sells software. (Pick your favorite - GameStop, Target, Office Depot, whatever.) They had lots of boxed software on the shelves. I selected the one I wanted, took it up to the register, and said, "I'd like to buy this." The cashier replied, "I'm sorry but that isn't for sale. If you'd like to license it, though, please read this agreement and sign here."

Like I said, that didn't really happen. Here's what actually happened.

I told the cashier, "I'd like to buy this," and they replied, "That will be $30." So I handed over my credit card, they scanned it, and I signed the receipt. Then they handed me the software back and said, "Here you are."

At this point, the sale was complete. The purchase agreement was concluded. So I took the boxed software (which I now owned, since it had legally been sold to me) home and opened it up. Inside was a piece of paper covered with tiny writing that I did not bother to read, since it obviously contained no information of value. But if I had read it, I would have discovered it to be mostly incomprehensible legalese. If I had then taken it to a lawyer, they could have translated it for me as follows: "You know that software you just bought? You didn't really buy it. You actually just licensed it, and if you want to use it, you have to agree to all these other terms we didn't tell you about before you bought it and before we took your money."

The only reasonable response, of course, is "@#$% you! I do not agree to any of your terms. Nonetheless, I will continue to use this software, because it belongs to me and I have every right to use it." A purchase it a contract. Once that contract is complete - once they have taken my money and given me the software - it's too late for them to rewrite the agreement and add in new terms.

Re:idiot analysis

[Nadaka]

No value is "lost" in the second hand market. A lot of people find buying a game for $69.95 to be ridiculous, and will never ever do it. Those "sales" are already "lost" because the producers are placing the price higher than the value. Make games a better value and you will get more sales.

God-damn money-grubbing assholes.

[NeutronCowboy]

Yeah. I said it. Fuck off. Let me repeat something I've said multiple times already: You are not entitled to my money. You sold it once, you got paid what you asked for; now shut the fuck up. Think that copy is worth more? Then ask for more when you sell it. Think you're not getting your fair share? Who the hell are you to determine what your fair share is? This isn't a free market that you're after, that's nothing but "Give me money because I said so" highway robbery.

At least the cat's out of the bag now. The problem that creative types (music, film, software) have with piracy has actually nothing to do with whether something illegal is taking place around the fruit of their sweat and blood. It has everything to do with them feeling that they're not making as much money as they think they could. It's a pure money-grab, nothing else. The only difference between the people who complain that the second-hand market is ruining them and basic robbery is that the first group hires government agents to do their bidding. The second group has at least the decency to do their own dirty work.

To that, I say Fuck You. Don't like it? Fuck you, with a chainsaw.

Peter Molyneux, I have great respect for you. You created Populous, which by itself gives you a near eternal free pass to be a dick. But any interest I have in Fable III will now be satisfied by buying it second hand. I might even write you an email, showing you my original copy, the second hand sticker on it, and a big middle-finger across it. Yeah, I know, you didn't offer up these sentiments. That was one of your underlings. Then get your underlings under control. The same goes for every other entitled asshole who feels that just because they made something pretty, they deserve to be paid in perpetuity anytime someone looks at their work, or creates something that vaguely resembles it.

And just in case anyone missed my point: Fuck you. I'm going to the flea-market.

Re:Steam vs. Retail

[JSBiff]

Funny you should bring up Steam in this discussion, since Steam is a blatant attempt, at least in part, to forever destroy the secondary game sales market. You can't transfer games from one account to another, and if you try to sell the account, and Valve catches you, they just ban the account forever and NO ONE ever plays those copies of the game again.

There was a story awhile back about Valve catching someone, and banning their account, which had something like $2000 worth of games on it.Flush. Watch it swirl down the drain.