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Xbox One Used Game Policy Leaks: Publishers Get a Cut of Sale

Chewbacon writes "Details about the used-game policy on Microsoft's newly-announced Xbox One console have been leaked. The policy explains how used-game retailers can survive Xbox One destroying the used-game market as we know it: they have to agree to Microsoft's terms and conditions to do so. In summary, the used game retailer can still buy the game from the consumer, but they must report the consumer relinquishing their license to play the game to a Microsoft database. They must also sell it at a market price (35£ in the UK), but the publisher will get a cut of the price. The article goes on to explain how Xbox One will phone home periodically to verify a player hasn't sold the game according to the aforementioned database." A big downside is that we're likely going to see the end of cheap, used games. A potential upside pointed out by Ben Kuchera at the Penny Arcade Report is that this would unquestionably boost revenue for game publishers, giving the smart ones an opportunity to step away from the $60 business model and adopt pricing practices seen on Steam and iTunes (neither of which allow the purchase of "used" games/media). Also, it's worth noting that even if the policy leak is 100% correct, it could change before the console actually launches.

11 of 379 comments (clear)

  1. Where's the profit by Anonymous Coward · · Score: 5, Insightful

    If game stores have to sell used games back at market price, why wouldn't they just sell the new game? Why would they buy back the old game at any price?

  2. Used Games? by Vanderhoth · · Score: 5, Insightful

    Can't sell used games for a console, if no one buys the console. Anyone foolish enough to fall into this trap and buy one deserves what they get.

  3. Fuck you, MS by realmolo · · Score: 5, Insightful

    Seriously.

    I won't be buying ANY console that doesn't allow me to sell/trade/lend my games to WHOMEVER I want, for WHATEVER PRICE I want.

    And frankly, I fully expect MS to get sued by various states, and possibly the feds. This is exactly the kind of "screw you" that consumers HATE. Maybe, possibly, this whole mess could finally get the Supreme Court to clarify what "first sale" rights are, and to do away with this whole bullshit of "we didn't sell you software, we just sold you a LICENSE TO USE our software".

    1. Re:Fuck you, MS by TheRealMindChild · · Score: 5, Insightful

      This is what they WANT you to think

      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    2. Re:Fuck you, MS by redemtionboy · · Score: 5, Insightful

      I don't know if I'm convinced Sony isn't doing this either. Sony said they won't "block" used games. Technically Microsoft isn't either. Both companies were holding secret meetings about a year ago. I doubt both companies having similar architecture and other features is a coincidence. Sony has also said that you would install games to the drive like Microsoft claims. I'm betting they're just playing quiet.

    3. Re:Fuck you, MS by tankbob · · Score: 5, Insightful

      Actually you are buying it in Europe... The European Court of Justice ruled on July 3, 2012, that it is indeed permissible to resell software licenses even if the digital good has been downloaded directly from the Internet, and that the first-sale doctrine applied whenever software was originally sold to a customer for an unlimited amount of time, as such sale involves a transfer of ownership, thus prohibiting any software maker from preventing the resale of their software by any of their legitimate owners.

    4. Re:Fuck you, MS by stewsters · · Score: 5, Insightful

      Playing used games probably will be a nice feature that they decide will remove in 2014.

      Sent from YellowDog on PS3... Oh wait, no it wasn't.

  4. Legal? by fermion · · Score: 5, Insightful

    I don't normally assume that major companies do not have competent lawyers, but as far as I know price fixing is illegal in the US. There are ways to keep prices set for new products, but for the most part we have "suggested retail price". This also would seem to violate the first sale doctrine, which has been upheld in many court cases.

    --
    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  5. They removed a statement from my submission by Chewbacon · · Score: 5, Insightful

    Anyway, I wanted to spell it out for you all, but it was removed. This proves to us that this plan for used games has nothing to do with countering piracy, but only feeding greed.

    --
    Chewbacon
    The Bible is like Wikipedia: written by a bunch of people and verifiable by questionable sources.
  6. PC Gaming by puddingebola · · Score: 5, Insightful

    If you find this onerous, being tied to a console and the policies of the manufacturer, why not vote with your dollars and return to PC gaming? Crazy first person shooting, online RPG playing, live-action strategy obsessing gamers have never had more options to choose from in terms of platforms and services to supplement their addiction.

  7. Game price reduction? Don`t make me laugh! by CmdrEdem · · Score: 5, Insightful

    Here in Brazil we saw comparable situation. Our import taxes pretty much doubled the price of the games. So a few business started to print discs here while the game industry lobby worked on a tax reduction. They got the reduction and guess what? Most games are still the same price as before, with exceptions like Ubisoft that at first reduced the price by 25% (From 200R$ to 150R$), but since then already increased the prices again from 150R$ to 180R$ at launch. They will just increase profit margin per unit and hope people are dumb enough to buy a console that takes away your right as owner of the product.

    I don`t but used games, but I respect the right of a user to do to his game as he pleases. Games should not be different from any other physical property. If I pay for someone to build a house, I don`t have to pay the contractor a part of the rent or part of my money if I sell the house. That`s absurd! The difference is that since games still have market value when the original owner is done with them they are trying to milk us once again for our money.

    --
    This combination doesn`t exist: ETIs that know about humanity and want to see us dead. Otherwise we wouldn't exist.