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Hey Goggers;

As many of you know, we announced on last Friday that we are going to introduce regional pricing for 3 new games coming up on GOG.com soon. Looking at the amount of reactions (over 3,500 comments at this very moment), it is obvious that this change is making many of you guys worried. We must have failed to clearly explain why our pricing policy for (some) newer games will change and what this means as a matter of fact for our PC & MAC classic games, which account for over 80% of our catalogue.

To be honest, our announcement was a bit vague simply because our future pricing policy is not 100% set in stone yet and we were just worried to make any promises before it was. You know, GOG.com has been growing quickly (thanks to you!), and the more we grow, the more we are worried to make some of you guys disappointed. This is why we were so (over-)cautious with our announcement.

We should have just been upfront about why we've made these changes and what they mean for us in the future and what we're planning. So let's talk. To be clear: what I'm talking about below is our plan. It's a plan that we believe we can accomplish, but while it's what we want to do with GOG, it may change some before it actually sees the light of day. Please don’t blame me for talking open-heartedly today and telling you about the plans and pricing policy we want to fight for and eventually achieve. The below plans aren't sure. The only guarantee I can give you is that we’ll do our best to fight for gamers while still making sure GOG.com as a whole grows (because well, we still want to be around 50 years from now, you know!). So, enough for the introduction, let’s get things started.

Why does GOG.com need to offer newer games at all?

We've been in business for 5 years now, and we've signed a big percentage of all of the classic content that can be legally untangled. There are still some big companies left we're trying to bring into the GOG.com fold, like LucasArts, Microsoft, Take2 and Bethesda, but what classic titles will we sign in the future once we have those partners on-board? We need to sign newer games or else just fire everyone and keep selling the same limited catalog. Either we bring you “not so old” releases from 2010+ or brand-new AAA titles, because these will become classic games tomorrow. It’s as simple as that.

Also, well, we want to expand beyond just classic games, hence the fact we have been offering you brand-new indie releases for almost 2 years now. Why expanding? Well, obviously, because the more games we sell, the more legitimacy we have on the market and the more likely it is that we can achieve our mission: making all PC & MAC video games 100% DRM-free, whether classic or brand-new titles.

To be straightforward (excuse my French):DRM is shit-- we'll never have any of it. It treats legitimate customers like rubbish and pirates don't have to bother with it. It's bad for gamers, and it's also bad for business and our partners. We want to make it easy and convenient for users to buy and play games; rather than give piracy a try. Happy gamers equals a healthy gaming industry; and this is what we fight for. Anyway, I am sure you well know our opinions about DRM.

To make the world of gaming DRM-free, we need to convince top-tier publishers & developers to give us a try with new games, just like they did with classic games. We need to make more case studies for the gaming industry, just like we successfully did back in 2011 with The Witcher 2. It was our first ever 100% DRM-free AAA day-1 release. GOG.com was the 2nd best-selling digital distribution platform worldwide for this title thanks to you guys, despite having regional prices for it. We need more breakthroughs like this to be able to show all the devs and publishers in our industry that DRM-free digital distribution is actually good for their business and their fans. And when I say breakthroughs, I am talking about really kick-ass games, with a potential metacritic score of 85% or more, AA+ and AAA kind of titles.

And this is exactly why we signed those 3 games we told you about last Friday. We believe those 3 games can be massive hits for hardcore gamers, that they can help us spread the DRM-free model among the industry for newer games and we did our best to convince their rights holders to give GOG.com a try. One of those games, as you see already, is Age of Wonders 3. We're planning more titles even beyond these first 3 soon.

Alright, but why is regional pricing needed for those (only 3 so far!) newer games then?

First of all, you have to be aware of an important fact when it comes to newer games: GOG.com cannot really decide what the prices should be. Top-tier developers and publishers usually have contractual obligations with their retail partners that oblige them to offer the game at the same price digitally and in retail. When they don’t have such contractual obligations, they are still encouraged to do so, or else their games might not get any exposure on the shelves in your favorite shops. This will change over time (as digital sales should overtake retail sales in the near future), but as of today, this is still a problem our industry is facing because retail is a big chunk of revenue and there’s nothing GOG.com can do to change that. We need to charge the recommended retail price for the boxed copies of the games in order for developers (or publishers) to either not get sued or at least get their games visible on shelves. You may recall that our sister company CD Projekt RED got sued for that in the past and we don’t want our partners to suffer from that too.

On top of that, you have to know that there are still many top-tier devs and publishers that are scared about DRM-free gaming. They're half-convinced it will make piracy worse, and flat pricing means that we're also asking them to earn less, too. Earn less, you say? Why is that? Well, when we sell a game in the EU or UK, VAT gets deducted from the price before anyone receives any profit. That means we're asking our partners to try out DRM-free gaming and at the same time also earn 19% - 25% less from us. Other stores, such as Steam, price their games regionally and have pricing that's more equitable to developers and publishers. So flat pricing + DRM-Free is something many devs and publishers simply refuse. Can you blame them? The best argument we can make to convince a publisher or developer to try DRM-Free gaming is that it earns money. Telling them to sacrifice income while they try selling a game with no copy protection is not a way to make that argument.

Getting back to those 3 new upcoming games coming up. The first one is Age of Wonders 3, which you can pre-order right now on GOG.com. The next 2 ones will be Divine Divinity: Original Sin and The Witcher 3. We’re very excited to offer those games DRM-free worldwide and we hope you’ll love them.

Still, we know some countries are really being screwed with regional pricing (Western Europe, UK, Australia) and as mentioned above, we’ll do our very best, for every release of a new game, to convince our partners to offer something special for the gamers living there.

And don’t forget guys: if regional pricing for those few big (as in, “AA+”) new games is a problem for you, you can always wait. In a few months. The game will be discounted on sale, and at 60, 70, or 80% off, the price difference will be minimal indeed. In a few years it will become a classic in its own right, and then we have the possibility to to make it flat-priced anyway (read next!) The choice is always yours. All we are after is to present it to you 100% DRM-free. We are sure you will make the best choice for yourself, and let others enjoy their own freedom to make choices as well.

So, what is going to happen with classic games then?

Classic content accounts for about 80% of our catalog, so yes, this is a super important topic. We've mentioned here above that we can’t control prices for new games, but we do have a lot of influence when it comes to classic games. GOG.com is the store that made this market visible and viable digitally, and we're the ones who established the prices we charge. We believe that we have a good record to argue for fair pricing with our partners.

So let's talk about the pricing for classics that we're shooting for. For $5.99 classics, we would like to make the games 3.49 GBP, 4.49 EUR, 199 RUB, and $6.49 AUD. For $9.99 classics, our targets are 5.99 GBP, 7.49 EUR, 349 RUB, and $10.99 AUD. This is what we’ve got in mind at the moment. We’ll do our best to make that happen, and we think it will. How? Well, we have made our partners quite happy with GOG.com's sales for years - thanks to you guys :). We have created a global, legal, successful digital distribution market of classics for them. This market didn't exist 5 years ago. By (re)making all those games compatible with modern operating systems for MAC and PC, we've made forgotten games profitable again. When it comes to classic games, we can tell them that we know more about this market than anyone. :) Being retrogaming freaks ourselves, we know that 5.99 EUR or GBP is crazy expensive for a classic game (compared to 5.99 USD). We have always argued that classic games only sell well if they have reasonable prices. Unfair regional pricing equals piracy and that’s the last thing anybody wants.

What’s next?

We will do our very best to make all of the above happen. This means three things:

First, we will work to make our industry go DRM-free in the future for both classic and new games (that’s our mission!).

Second, we will fight hard to have an attractive offer for those AA+ new games for our European, British and Australian users, despite regional pricing that we have to stick to.

Third, we will switch to fair local pricing for classic games, as I mentioned above.

TheEnigmaticT earlier mentioned that he would eat his hat if we ever brought DRM to GOG.com. I'm going to go one step further: by the end of this year, I'm making the promise that we will have converted our classic catalog over to fair regional pricing as outlined above. If not, we'll set up a record a video of some horrible public shaming for me, TheEnigmaticT, and w0rma. In fact, you know what? Feel free to make suggestions below for something appropriate (but also safe enough that we won't get the video banned on YouTube) so you feel that we're motivated to get this done quickly. I'll pick one that's scary enough from the comments below and we'll let you know which one we're sticking to.

I hope that this explanation has helped ease your worry a bit and help you keep your faith in GOG.com as a place that's different, awesome, and that always fights for what's best for gamers. If you have any questions, comments or ideas, feel free to address them to us below and TheEnigmaticT and I will answer them to the best of our abilities tomorrow. We hear you loud and clear, so please do continue sharing your feedback with us. At the end of the day GOG.com is your place; without you guys it would just be a website where a few crazy people from Europe talk about old games. :)

I end many of my emails with this, but there's rarely a time to use it more appropriately than here:

“Best DRM-free wishes,

Guillaume Rambourg,
(TheFrenchMonk)
Managing Director -- GOG.com”
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Redfern: No problem. Still, i recommend GOG administration to not worry about crossborder key resell THAT much. I watched key trading forums some time and almost never seen GOG keys to be sold\traded. Steam - loads of them, Desura - rarely, mostly as discounted offer, Humble gift keys on rise lately, GOG - as much exotics as IndieGameStand keys.
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SirPrimalform: It's worth pointing out (if it hasn't been pointed out already) that there was little point before. Once GOG introduces regional pricing, there'll be a market.
Considering Steam-mania all other world...doubt it. But cannot be 100% sure of that.
For example, yesterday there was giveaway for codes of one game recently featured in Groupees bundle - owners taken Steam keys for themselves, but just given away Desura ones. Its little hard to believe that market value of GOG keys is very bigger then Desura ones.
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CheeseshireCat: What I am curious about is how sales tax is being handled for purchases by US customers.
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StormHammer: I amended my post to include this line:

"Also, surely this means they are simply making more money from countries like the US due to that exemption, rather than having to shoulder a VAT burden that they would have to take on board anyway as a European company?"

I assume that GOG.com is simply making more money from US customers, because they do not have to pay VAT on those sales to the Cyprus government.
Indeed; all countries outside the EU VAT area generate more profit per purchase. Any local VAT/sales tax for those countries is outside of GOG's hands.

For EU countries, if they're using country-specific rates, the VAT for each EU purchase goes to that particular country, not Cyprus.
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StormHammer: Okay, I'm still trying to get my head around this. if GOG.com is based in Cyprus, then when they set their prices (regardless of currency), they must have included the Cyprus VAT rate of 19% that they have to pay in that country. If that is the case, then what should actually happen is that the US customers (and others outside of Europe) should be paying $9.99 less the 19% VAT, and add <insert their local tax rate here>.
For EU residents it makes most sense to import games in these price ranges from Asia or the US instead of buying them from Cyprus. Customs usually don't charge import taxes below 5 Euros, that means with 19 % VAT everything up to 22 Euro is tax-free. All "classics" on GOG are way below this, so an US resident could buy and resell them to EU residents to fix the VAT problem.

I also get my Steam keys from elsewhere and don't buy them in the over-priced Valve Store ($1 = €1, calculated for 25 % VAT).
Post edited March 04, 2014 by jtsn
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blotunga: It seems for AOW3 it's required by the publisher. And I think it will be the same for others also.
Makes sense to have it as an option for publishers if that's what they would prefer on a given title I suppose, but to keep the default unrestricted. With much talk from people publicly announcing that they plan on gaming the system I also suppose it makes sense that other publishers will consider enabling such a restriction on new titles by default as well. Presumably not a big deal either way mind you at least for people not planning on gaming the system for personal benefit or profiteering en-masse anyhow. Could be a problem for some people whose IPs tell the wrong story however. I imagine support might have a way to override such for problem cases that might arise though too, due to GeoIP database errors etc.
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adamhm: For UK/EU customers GOG apparently takes the hit on VAT rather than passing it on to us; if they didn't then buyers in the UK/EU would instead have to pay (assuming 20% VAT rate):

For $5.99 games, $5.99 + 20% VAT = $7.19 (£4.31, €5.23)
For $9.99 games, $9.99 + 20% VAT = $11.99 (£7.19, €8.72)
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StormHammer: So you are saying the prices they set ( $5.99 and $9.99 ) did not include any sales tax whatsoever?

How can that be if their company is based, and they are registered for VAT, in Cyprus? They must have allowed for payment of VAT within Europe when they inititally set these prices.

To say they are 'taking the hit' on VAT when the price I pay must include the 19% VAT rate in Cyprus just does not seem accurate to me. If they knew they could not cover their VAT costs, they would have set the initial prices higher to compensate. Otherwise they simply made a poor business decision.

This is one of the reasons why I think all receipts from now on should include a breakdown of exactly how much VAT we are paying for our purchases. There seems to be some deliberate obfuscation going on.
I believe that TET has stated that they don't collect sales tax. Which is technically legal, but the sales here are subject to sales tax the same way that they're subject to VAT. It's just that being in Cyprus, they're not forced to remit sales tax back to the US.
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jtsn: For EU residents it makes most sense to import games in these price ranges from Asia or the US instead of buying them from Cyprus. Customs usually don't charge import taxes below 5 Euros, that means with 19 % VAT everything up to 22 Euro is tax-free. All "classics" on GOG are way below this, so an US resident could buy and resell them to EU residents fix the VAT problem.
There's no difference between the final EU and US price in the current system - and with the proposed prices for classics, the difference will at most be a few cents. There's no problem to fix, because GOG fixed it by swallowing VAT - it's just not worth the effort.

(Again, this is only about the classics - AoW3 and the like are a special case.)
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StormHammer: Okay, I'm still trying to get my head around this. if GOG.com is based in Cyprus, then when they set their prices (regardless of currency), they must have included the Cyprus VAT rate of 19% that they have to pay in that country. If that is the case, then what should actually happen is that the US customers (and others outside of Europe) should be paying $9.99 less the 19% VAT, and add <insert their local tax rate here>.

Is that right?
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adamhm: For UK/EU customers GOG apparently takes the hit on VAT rather than passing it on to us; if they didn't then buyers in the UK/EU would instead have to pay (assuming 20% VAT rate):

For $5.99 games, $5.99 + 20% VAT = $7.19 (£4.31, €5.23)
For $9.99 games, $9.99 + 20% VAT = $11.99 (£7.19, €8.72)
Because Gog is based in Cyprus for tax purposes, the prices shown already include the Cyprus VAT rate of 19%. If they deliver to a customer in the UK they have to collect the UK VAT rate of 20% instead. To do that they need to divide the full price shown by 119 and multiply by 100. That gives the price without VAT which for a $9,99 game would be $8,39. To that 20% UK VAT gets added which brings the UK price to $10,07.
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silentbob1138: Because Gog is based in Cyprus for tax purposes, the prices shown already include the Cyprus VAT rate of 19%. If they deliver to a customer in the UK they have to collect the UK VAT rate of 20% instead. To do that they need to divide the full price shown by 119 and multiply by 100. That gives the price without VAT which for a $9,99 game would be $8,39. To that 20% UK VAT gets added which brings the UK price to $10,07.
From what GOG says (at top of the page) they only charge VAT for europeans (british included): "Well, when we sell a game in the EU or UK, VAT gets deducted from the price before anyone receives any profit. That means we're asking our partners to try out DRM-free gaming and at the same time also earn 19% - 25% less from us".

They don't charge VAT for non europeans.
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GabiMoro: They don't charge VAT for non europeans.
Actually they probably don't charge VAT for anyone outside the EU. If digital sales are taxed like physical sales, exports outside of the EU are exempt from VAT. They might still have to pay something in non-EU countries, but I have no knowledge about that.
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silentbob1138: Because Gog is based in Cyprus for tax purposes, the prices shown already include the Cyprus VAT rate of 19%. If they deliver to a customer in the UK they have to collect the UK VAT rate of 20% instead. To do that they need to divide the full price shown by 119 and multiply by 100. That gives the price without VAT which for a $9,99 game would be $8,39. To that 20% UK VAT gets added which brings the UK price to $10,07.
Slightly OT:

It is faster to simply divide with 1,19.
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burneyx: ...This gives me the strong feeling, that YOU GoG are about to shoot in yor own foot with this kind of actions.
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Trilarion: But shooting in yor own foot is becoming the industry standard. :)

I guess the sales will go down but not completely. Sombebody will pay the $55 which is the upper limit. In the end it probably all comes down to how many AAAs for which price exactly are hitting the site. Maybe it is enough for GOG to expand. I won't buy many games here in the near future - I'll rather wait how it all plays out, how the effective conversion rates really develop, if price excesses occur.
Convincing pubs to drop steamworks, uplay, origin, rockstar club... i would like to see how gog handles that, haha :P

Majority of the new AAA's are tied to some sort of pretty bad DRM system that will actually cost the pubs money to remove... tough call
high rated
tl;dr No company likes to pay taxes and make less money, so they'll shunt those costs off onto the end consumer to make up for it.

Guillaume Rambourg said this:

On top of that, you have to know that there are still many top-tier devs and publishers that are scared about DRM-free gaming. They're half-convinced it will make piracy worse, and flat pricing means that we're also asking them to earn less, too. Earn less, you say? Why is that? Well, when we sell a game in the EU or UK, VAT gets deducted from the price before anyone receives any profit. That means we're asking our partners to try out DRM-free gaming and at the same time also earn 19% - 25% less from us. Other stores, such as Steam, price their games regionally and have pricing that's more equitable to developers and publishers.
My understanding is that GOG.com is a company registered in Europe, with an annual revenue above the tax threshold, which requires you to register for VAT, and charge (and expend) VAT within Europe. This is normal business practice. In the setting of your 'flat' prices (inclusive of VAT), you must therefore have allowed for at least the 19% VAT rate of Cyprus where you are apparently registered. The prices, as stated on the site, are inclusive of VAT.

In the negotiation and setting of your (flat) prices, you should have accounted for the variety of different VAT rates within Europe to ensure you would not make losses on sales. Not to do so would probably be a poor business decision on your part. Therefore, you are not absorbing VAT costs unless they are above the 19% VAT rate in Cyprus. You are simply conducting business as usual as a VAT-registered company within Europe. As some countries in Europe have a lower VAT rate than Cyprus, by charging a flat 19% rate for each sale in those countries you are improving your profit margin on those sales, not absorbing losses. I see that you carefully omitted this from your letter.

If publishers decided on the $5.99 and $9.99 you are currently charging for classic titles, then they would have done so knowing that as a VAT-registered company you would have to pay VAT, and they would therefore receive a percentage of a reduced net value on each sale in regions outside of the US. This is business as usual, and if they had wanted to improve their profit margin, they would have negotiated for higher prices at the time. Of course, this does not really apply to more recent titles on the storefront from indie developers, where the prices already vary greatly to reflect any additional costs they may incur. I must therefore assume that during negotiation with GOG.com, those indie developers accounted for any 'perceived' losses due to the inclusion of VAT costs - and those within Europe would not even be affected, as they can reclaim VAT if necessary.

What you are basically saying here is that a publisher based in the US is earning less due to the fact that you are required to charge VAT on sales in Europe, which is normal business practice, and now you want to charge more so that these publishers (and you) make more profit on each sale. You cannot really argue that raising prices by 35% (on average) in Europe for new games in your catalogue is to make up for some perceived profit loss due to charging for VAT - because that percentage bears no relation to the actual VAT rate (19%) you are already charging on each sale. It is nearly double, and European companies are getting a freebie because they are not affected by this VAT problem (as I will show below).

Any rise in price is exactly that - a price rise, only for the sake of making more money. If you were simply adjusting for VAT rate disparities between countries, you would be charging the difference between the VAT rate of Cyprus (19%), and the VAT rate of each individual country. So a country with a VAT rate of 27% (the highest in Europe) would have to pay 8% more. However, this is not the case, as indicated by your new regional pricing model.

In addition, publishers/developers within Europe also have to operate their business in accordance with VAT laws in their countries (if they qualify for VAT registration). So how can publishers/developers within Europe be 'earning less', if they are already subject to the same VAT laws (albeit with some VAT rate variation between countries), and can make claims on any VAT deficits they incur?

By implementation of a regional price in Europe, those European companies are now seeing a dramatic rise in income from sales (for new games) compared to their US counterparts, because you already charged VAT as a matter of course. GOG.com and it's European partners will see all of that ~ 35% increase in price, because you have already been charging VAT at 19% rate (or above). There will still be a disparity between what European and US companies will earn on European sales. Raising the price for a specific region does nothing to alter that disparity, while negatively impacting the end consumer.

You may try to convince us that GOG.com is in a poor position financially by absorbing VAT costs, but as a VAT-registered company that is what every business has to deal with. Publishers outside of Europe may indeed be losing some profit margin on sales in Europe, but they were fully aware of our VAT laws when you negotiated with them to sell their games for a flat price on your store. If they didn't understand that, they shouldn't be in business.

In my view, therefore, the regional pricing model is simply being implemented to make more money, and for no other reason. There is nothing inherently wrong with a business wanting to make more money, and more profit, but trying to dress it up in marketing spin that these poor publishers are 'earning less' because of VAT is a bit disingenuous to your customers, and takes us for fools.
Post edited March 04, 2014 by StormHammer
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CheeseshireCat: You stated that point A was necessary. GOG just ditched point A, at least for Russia. Now you're just trying to wiggle out.

Edit: also, try to explain how you can have only regional prices which are MORE than other regions' prices, but none which are LESS than other regions. If A > B, then B < A. Period.
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Pidgeot: The entire point of regional pricing is profit maximization. Prices are adjusted to account for extra fees and market conditions. Those prices have roots dating back a long time, before Steam even existed.

Imagine if a game normally sells for the equivalent of A dollars in some country X.
GOG, on the other hand, would offer this title for B dollars worldwide.

Suppose that B > A. Virtually no one in X would buy the game from GOG in that case, and the publisher is still making the same amount of money that they'd expect without a GOG release - the publisher takes no harm from doing a GOG release.
If A > B, on the other hand, then GOG is undercutting the market in X. This means less profit for the publisher, and they're not interested in that - so they're not going to put it on GOG.

I'm not saying this is fair - because it isn't. It is, however, what the market for large publishers has evolved into, and the solution you see is the best one under the restrictions.

Yes, you can make the exact same arguments for DRM, but at the end of the day, DRM is a technical restriction, not an economic one. Economics restrictions are much harder to deal with.
So essentially, it means that any kind of "fair" regional pricing is impossible without DRM. Otherwise, a lot of people will simply buy where the regional prices are cheaper.

Therefore, for GOG, there are three options. Either to have regional pricing that only includes HIGHER regional prices (while other players have also lower prices for some regions); stay at flat pricing and not carry the titles with regional pricing; or adopt DRM. Lose-lose-lose.
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CheeseshireCat: So essentially, it means that any kind of "fair" regional pricing is impossible without DRM. Otherwise, a lot of people will simply buy where the regional prices are cheaper.

Therefore, for GOG, there are three options. Either to have regional pricing that only includes HIGHER regional prices (while other players have also lower prices for some regions); stay at flat pricing and not carry the titles with regional pricing; or adopt DRM. Lose-lose-lose.
Considering the three titles that we've seen thus far with regional pricing, I think I'd gladly take option 2.
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SirPrimalform: It's worth pointing out (if it hasn't been pointed out already) that there was little point before. Once GOG introduces regional pricing, there'll be a market.
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Redfern: Considering Steam-mania all other world...doubt it. But cannot be 100% sure of that.
For example, yesterday there was giveaway for codes of one game recently featured in Groupees bundle - owners taken Steam keys for themselves, but just given away Desura ones. Its little hard to believe that market value of GOG keys is very bigger then Desura ones.
GOG might not be Steam but I'd bet it's 10x more popular than Desura. I get the impression that Desura is propped up by the Indie Royale bundles. I do quite like Desura, but very rarely do I buy anything directly from them. I have over 700 games on Desura (I'm not kidding).