lolplatypus: Ars Technica: top EU court upholds right to resell downloaded software I've never read anything about that again since, has anything changed there?
Yet 10 years later nothings changed, because the court doesn't understand code.
Think about how books work, as they are the nearest equivalent.
Do you own the words on the pages, of course not, the copyright holder does.
You can sell the book (or Disc) because the words (code), can't be removed from the medium that carries it.
How can you sell the words (code) when there is no physical carrying mechanism.
There is a fundamental break with old laws of ownership when the medium is pure words, and code.
Courts can rule otherwise until they are blue in the face, but when the code can be infinitely copied, the old property rights of ownership can't be applied that way.
It doesn't mean new laws couldn't enforce some sort of ownership rights, but that would have to include DRM of some sort.
How else can they both remove your copy, and transfer it to the new owner?
That's the fundamental problem, beyond the current laws ability to enforce, digital has no intrinsic value, when code can be copied infinitely, and no Read Only medium exists to store it upon.
So are we resorting to arguing for DRM on GOG now
I see no way you could enforce a true transfer of ownership with DRM free code.
in fact I see enforcing such rulings as the death notice for DRM free code.
For the Store owner to remove your access to the game in your library is pointless if you have a DRM free offline Installer.
Adding DRM free code to the buyers Library, allows them to have the same installer, rinse, and repeat.
Second problem is you're asking the store to do extra work for no recompense, that would inevitably mean added cost in the shape of a store ownership transfer fee
third problem code is updatable and can change, so which version can you sell, one you bought obviously.
Stores would set those transaction fees+Updates, so high that it would be cheaper to just buy a new copy from them. it would come with a updates included for set time period clause.
The current system uses contract law, and EULAs to sidestep all the fundamental issues of digital code, due to the combination of infinite copy + No physical container, it's a workaround fudge, and if nobody has come up with a viable solution by now, it likely doesn't exist.