No. A refund is a return payment made from a merchant to a customer. Refunds are not made to third parties that were never part of the original business transaction.
Ok. Agreed. Ubi shouldn't owe them a 'refund'. But they are the party that owes restitution here.
The customer should seek restitution from the middleman that made the fraudulent charge.
"fraudulent charge" is a pretty strong charge to make. The keys were sold legally in Eastern Europe by buyers who then exported them legally elsewhere.
The only "contradiction" would be to what Ubi -wants-. That doesn't amount to fraud. It is not fraud to buy something in a price discriminated market, and legally export the product.
Europe is very economically diverse. Germany has nearly 4x the per-capita GDP as Poland, which happens to be right next door. What's affordable to someone in Germany is not necessarily affordable to someone in Poland.
My city is very economically diverse. Less than a mile away are people making a fraction of what is typical in my neighborhood. Yet we both pay the same price for milk, cars, and movie rentals.
I hear your argument, but I'm not sure what makes the line between germany and poland a magical line the free market dare not cross.
That bike rack that you mentioned above is purchased outright, whereas Ubisoft's games are licensed.
Semantics. I *purchased* a license. I don't pretend I have any special exceptional copyright ownership of the underlying intellectual property any more than when I purchase a copy of a book... but I did *purchase* a license. The store had a "buy" button, I pressed it. A one time transaction was completed. I know own a license. Its listed as one of my games. And I can click a link to my "purchase history".
There's a principle in law... if it looks like a duck, and quacks like a duck, then its a duck. (You see this principle applied in other areas too like when corporations dress up their employees as "independent contractors" and the law sees right through it.)
Many leasing companies will not allow the lessee to take the vehicle out of the country without permission.
A lease agreement is a negotiated several page document that both parties sign multiple times over. Pretty sure that's not a better analogy for buying a video game.
Region locked game consoles are a good example of this. Outright revoking access to the service is crude, which is why many publishers are switching to language-locked editions. A high-priced English-French-German-Spanish-Italian edition on one side, and a cheap Polish edition on the other. This can negatively affected ex-pats that don't speak the native language, but that's a very small group.
Yup. I agree they can do stuff like this. But you can take a region locked game console to North America and play games purchased in that region for it. They don't get to show up your house with a hammer and smash your console.
or you agreed to the ToS and accept the consequences of breaking them.
Which terms of service did I any one agree to before buying the key that indicated UBI could revoke the game if they weren't from the country the key originated from?
I don't deny they exist... but I'd like to see them.