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France Orders Valve to Let Users Resell Steam Games

In a case that could set precedents across Europe, the High Court of Paris has ordered Valve to allow users to resell digital games bought on Steam, citing an EU law.

The “Tribunal de grande instance de Paris” has ruled that the inability of users to resell digital games contravenes European Union laws on the free movement of goods and has given Valve three months to comply, whereafter they will be fined the paltry sum of €3,000 for each day in which it is in violation of the ruling.

However, it is likely that Valve will appeal against the court’s decision, meaning that it may take some time before a legitimate second-hand Steam market emerges.

Valve was found to have violated Directive 2009/24/EC on the legal protection of computer programs and Directive 2001/29/EC on the harmonization of certain aspects of copyright and related rights in the information society.

Much of the case appears to have revolved around the fact that games bought on Steam constitute a “purchase” rather than a subscription, meaning that users have the right to resell digital games in the same way they can resell physical ones.

A total of fourteen clauses in the contract that Valve “imposes” on its users were deemed to be illegal, including a clause that allows Valve to claim ownership of user-created content such as mods.

Although the ruling only applies to France, the fact that EU laws were cited means that the 27 other countries currently in the EU could theoretically force Valve to allow reselling.

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