firstpastthepost: Saying a letter from a lawyer would be enough may have been a touch hyperbolic.
Granted. It was a useful reference for taking legal action, though.
firstpastthepost: The only problem with that is if you read GOG's terms of service, we aren't classed as product owners. It says specifically that we are granted license to the product (i.e. we don't own it) and that they reserve the right to remove access to some or all content at their discretion.
We might be running into definitional differences here, based on what it means to "own" a product.
If I own a product, I...
1) ...have an individual version of the product, and I may (within reason) do with it as I like. Some restrictions may apply (such as not copying and reselling a digital product).
2) ...have a product with I am allowed to manufacture and/or otherwise distribute, and which no one else may manufacture or distribute.
When I'm talking about us owning games, I'm referring to scenario 1. We 'own' our copy of the game, though we don't have distribution or resale rights. Similar to owning a book, where I can do as I like (more or less) with my copy, but I'm not allowed to start printing the book and selling the printouts.
I expect the contract above refers more to case 2. GOG can't sell us the rights (ownership) to any game in their catalogue. I'd have to read the actual section to be sure, but I expect that when they say they reserve the right to remove access, they are giving themselves room to 1) Stop selling it, and 2) Remove it from a user's library if that user has violated some other term of service (like reselling it or making it available for torrenting).
A problem with catch-alls: the company needs them to help against unscrupulous people who inevitably try to find some way to cheat the system, but unscrupulous companies want them around to use as loop holes.
firstpastthepost: It also says that their agreement with us doesn't overrule any third party agreement required for use of the software.
I believe it. I'm just saying that those third party agreements don't necessarily include a clause that allows Product Owners to demand that GOG remove paid-for products from the libraries of GOG users. GOG has an interest in preventing such an event, and they have some leverage in getting Product Owners to agree by saying "We can't do anything about their downloaded copies, so removing it from the user's library isn't particularly helpful anyway".
firstpastthepost: GOG likes to simplify their legalese into easy to read anti-drm snippets, but the actual user agreement doesn't exactly match up with that. Nowhere in their end user agreement does it say we are the owners of anything we buy here. They are licensed products only, the exact same wording Steam uses.
Sure, we don't own the product line (or IP, or whatever you want to call it), but we generally DO own an individual copy of the product. GOG technologically unable to just remove a user's access to the user's copy of the product (once it is downloaded, anyway) is a huge part of what has drawn me here to make purchases, and I'm not the only one.
By contrast, Steam, Amazon Kindle, iTunes, etc. can remove your access to any product tied into their framework.
firstpastthepost: I find it surprising how optimistic you are that a case going to court over end user ownership rights would get thrown out seeing as how you're from the states. The courts there don't have a great track record of holding up consumer rights.
You missed my meaning. I'm saying that
IF the GOG-Product Owner contract specifically allows GOG to leave user libraries untouched, then going to court isn't (or at least shouldn't be) particularly helpful for a Product Owner to force GOG to remove something from a user's library. By my definition, how such behavior should work would be specified in the contract.
If such terms are NOT specified in the GOG-Product Owner contract(s) (and I believe this is what you are pre-supposing), then my specific case does not hold.
Now, whether such terms are, in our current reality, specified in the general GOG contract is something that you and I are just speculating on. If you have actual evidence about the details of GOG's contracts, I'm listening. :)