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Comment Re: Memory prices (Score 1) 5

What would really make them worth something is an easy upgrade path to an operating system that was still getting security updates.

Google, Apple, and the major phone vendors could score big PR points be extending security updates to 10 years on products introduced since 2016. In the long run PR points can translate into customer loyalty which can translate into "Step 4: PROFIIT!" in a non-sarcastic way.

Comment Re:revocable (Score 1) 127

If you think software never breaks, I have a bunch of 5.25" disks somewhere that want to have an argument with you.

It's a complete strawman to argue that physical things break. If I buy music, digitally, that won't break and yet nobody sane would expect that the band can at some random time in the future say "we revoke all our music". I can also think of a number of physical things that unless I mistreat them will easily survive me and three generations down the line.

This is not about replacements, it's about taking the product sold away but keeping the money.

Comment Re:revocable (Score 1) 127

And what stops you from making a seperate license to play on the servers provided by the company that is based on good behaviour and/or monthly subscription fees?

This is what the Stop Killing Games movement is also about: Sure, we understand that eventually you wind down the online servers, no problem. But if I paid for a game, why should you have the right to disable it? With no other things I buy can you at any time later come to my house and take them back or disable them. Not with my microwave, not with my shower, not with my lights.

Comment Once the console's servers are shut down (Score 1) 127

Developers can make the license whatever they want including on consoles.

Not once the console maker shuts down the platform's reactivation servers.

Or say the publisher wants to publish a multiplayer game where players 2 through 4 can download a limited-functionality version of the game without charge so long as player 1 is a paying licensee and on their mutual contacts list. This resembles the model used by StarCraft spawned installations, single-Pak multiplayer on Game Boy Advance, and DS Download Play on Nintendo DS. I don't think all consoles support this sort of game sharing.

Comment Re:Two statutory carveouts: first sale and RAM cop (Score 1) 127

Which is not an ownership issue, it's a DRM/license enforcement issue.

Correct. The digital restrictions management regime on paid downloads from PlayStation Store doesn't grant rights to a licensee that are equivalent to those that the law reserves for the owner of a copy. The complaint, as I understand it, is that the required notice of inequivalence is not conspicuous enough.

The plaintiffs can still get the same benefits of the product even if their purchase is just for a license.

The benefits are not the same if the publisher or the platform gatekeeper retains the ability to remotely disable licensed software.

Comment Re:What does someone think "owning" a game would m (Score 1) 127

The only thing you really lose is the ability to resell your license easily.

Or, in the case of certain failure modes of PlayStation Store (such as end of support for a particular platform), the ability to restore your license to replacement hardware.

Comment Re:revocable (Score 1) 127

Narrowing:
1. The right answer in the case of games with a substantial offline experience is to not make the license for the offline portion revocable.
2. The right answer in the case of games without a substantial offline experience is to describe the license as a rental at all times.

Comment Re:revocable (Score 1) 127

All three major console makers require all customers to "agree[] to let them change the terms when you signed up." If a game developer wants to sell a customer an indefinite license that the console maker can't revoke, the developer has no way to do so. This appears to be evidence of a cartel to me. How is it not?

Comment Re:revocable (Score 1) 127

You don't respect the time and effort that went into creating your enjoyment

Say I buy an indefinite license to use a video game. Then the game's publisher or the platform's owner unilaterally revokes that license. What do I have to show for having "respect[ed] the time and effort that went into creating your enjoyment"?

Comment Re: What does someone think "owning" a game would (Score 1) 127

Title 17, United States Code, reserves specific rights to the owner of a copy. It defines a copy as a physical object in which a work is fixed (17 USC 101).

Licensed for how long?

The owner of a copy of a computer program retains the right to use that copy, including the right to make essential ephemeral copies in RAM, as long as the copy remains readable (17 USC 117).

And how do you obtain a copy of the software to exercise your licensed rights?

As I understand it, ownership of a physical object is defined by the personal property laws of the several states.

Comment Re:What does someone think "owning" a game would m (Score 1) 127

You've have never owned a copy of a game

A "copy" under United States copyright law is any physical object in which a work of authorship is fixed, such as a game cartridge or game disc. The owner of a lawfully made copy of a work enjoys two carveouts, or uses deemed noninfringing. One is reselling that copy (17 USC 109). Another is making private copies essential to the use of a computer program (17 USC 117). These carveouts subsist as long as the copy remains readable. A license through PlayStation Store does not.

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