Not exactly accurate. The button can still say Buy. The law says that they have to get extra acknowledgment from the buyer that they actually mean license. So it will say buy, and then it will pop up and say you aren’t buying the game, only a license, and then you have to click ok I understand. More nags. What we really need is another license agreement to pop up that nobody reads.
Essentially, the new law will mean that storefronts like Steam will no longer be able to use terms such as “buy” or “purchase” when advertising a game that always requires an online connection. Since you won’t technically own the product and servers being taken offline would render the product useless, a different word will have to be used.
The official phrasing in the bill’s summary reads, it will “prohibit a seller of a digital good from advertising or offering for sale a digital good, as defined, to a purchaser with the terms buy, purchase, or any other term which a reasonable person would understand.”
To be honest, it sounds like it would affect ALL digital products, not just those requiring an active online connection. Or at the very least even those with Steam DRM for verification.
I don't see why there's a distinction for always online games. You don't "own" any game you buy off steam. All you get is a license to play the game off steam. You can't sell or trade them.
Even if you buy a DVD, the only thing you are "buying" is the physical media and a license to operate the softwate. You don't own the software stored on the media, you must use it in accordance with the license agreement or potentially face legal action. The main thing about digital storefronts is that it's easier to revoke the license.
A while back I was discussing Ross Scott's 'Stop Killing Games' proposal in the EU, in some other lemmy thread.
If passed, that law would make it so you cannot make and sell a game that becomes unplayable after a person buys the game, or you have to refund the purchase of the game itself as well as all ingame purchases.
If gameplay itself is dependant on online servers, the game has to release a working version of the server code so it at least could be run by fans, or be refunded.
If it uses some kind of DRM that no longer works, it has to be stripped of this, or properly refunded.
Someone popped in and said 'well I think they should just make it more obvious that you're not buying a game, you're buying a temporary license.'
To which I said something like 'But all that does is highlight the problem without actually changing the situation.'
So, here we are with the American version of consumer protection: We're not actually doing any kind of regulation that would actually prevent the problem, we're just requiring some wordplay and allowing the problem to exist and proliferate.
All this does is make it so you can't say 'Buy' or 'Purchase' and probably have a red box somewhere that says something like 'You are acquiring a TEMPORARY license that may be revoked at any time for any reason.'
US gets a new content warning. EU is working toward actually stopping the bullshit.
To which I said something like ‘But all that does is highlight the problem without actually changing the situation.’
I think the idea is, that the minimally invasive regulation only has to fix the information imbalance between producer and consumer. Then, once the consumer has all the information, they can make an informed racional market actor descision. That's supposed to price shitty rip offs out of the market eventually.
It doesn't make any sense if the whole market is shitty rip offs.
In this case I'm not saying all games are bad, shitty games, but they are all shitty rip offs in the sense that they all legally can, and many do just suddenly deactivate, and you're not even compensated for this.
The whole fundamental legal trick the software industry has pulled is making everything into a license for an ongoing service, as opposed to a consumer good.
And the problem is that this is now infecting everything, expanding as much as possible into anything with a chip in it.
Even if the consumer is perfectly informed, it doesn't matter if the entire market is full of fundamentally unjust bullshit, as there aren't any alternatives.
All you get is consumers who are now informed that their digital goods can poof out of existence with no recourse.
The Stop Killing Games concept is not stopping or protecting anyone from buying video games.
... Neither is slapping a warning label onto games that says 'hey you don't own this the way you own a blender.'
That's very strange framing to use.
What SKG does is mandate that your purchased product be technically possible to be usable in perpetuity, or refund the cost of it.
Everyone knows servers cost money to run, so its not reasonable to mandate every game that is totally online only just have servers up forever, maintained by the publisher.
But what is also unreasonable is needless, always online DRM that shuts down one day (Games for Windows Live, anyone?) or having a massively online game that could still be enjoyed by dedicated fans, willing to front the cost for one or two servers... but cannot, because reverse engineering network code is orders of magnitude more difficult and costly than the publisher just releasing it to the public when they no longer want to officially maintain it.
SKG would completely allow you to purchase an online game whose official server support would end someday.
It... just augments consumer rights by mandating either a refund at that point, or a pretty effortless and costless release of the server files and configs.
I am really struggling to see how you are interpreting this concept as somehow preventing the purchase of games.
At the same time, both need to be done, your solution doesn't solve the fact that it's only a license you're purchasing and you depend on a third party service to download the game in most cases.
So it must be "Rent" now? Logically you still purchase a subscription. So this is a very weird solution.
A better solution would be that it has information on what you're buying. "You can use this even if the game is removed", "You can play this online and even without starting up Steam", "Dedicated servers will be released when the game is stopped", etc etc
I think (see: hope) this is a stop-gap solution. It's at least better than the current implication of buying something and being able to keep it despite these companies knowing full well that the game will be gone in a much more permanent way the moment they flick the switch on the servers.
To paraphrase Ross Scott, it may be a bare minimum but it's at least nice to have it in writing just how fucked we consumers are.
Your counterexample, "purchase a subscription", actually undercuts the point you're trying to make. The goal is honesty here. If you are renting or subscribing, you want to know that up front, in big text, using the simplest possible word. That word is "RENT".
The issue about the lease business model being bad for society and consumers is also important, but it's complicated and different from basic truth in advertising.
rent implies a continued fee though - i’m not sure a once off fee to play a game that can be rendered useless at any time covers that? rent would be more like $10/mo rather than $100 for as long as the game is available
Except you can't make Steam offer their content offline like that. By altering the language they use it effectively makes them more transparent about what you are really paying for. So, in order to use the word "buy" or "purchase" they would have to make the content available offline, or they have to use a different word that essentially means "rent" or "subscribe" cause that is what is actually happening.
prohibit a seller of a digital good from advertising or offering for sale a digital good, as defined, to a purchaser with the terms buy, purchase, or any other term which a reasonable person would understand
I think 'acquire' definitely falls in this category
There should be an exception: If they want to still say “buy” or fail to comply, they will need to refund the full original purchase price if they ever shut down the server.
Next do planned obsolescence and products that are designed to break a week after the warranty expires.
Then they would need to pay everything back they ever earned if the company ever goes bankrupt. I imagine a bankrupt company doesn't have much to pay back.
I think they’d do two things if they want to keep the buy button. 1) Not require always online connections to play, or properly remove the online requirement or convert to P2P in the case of multiplayer games if they want to end support, or 2) sell their server infrastructure to a third party.
I assume this law is to preempt demand for something similar to the EU’s “stop killing games” petition. It’s a way to say that consumers were made aware and agreed that their games are only temporary licenses, so they can’t demand refunds or continued support when the company wants to stop.
They'll just change the button from "Buy $59.99" to just "$59.99".
As much as I lament the fact that we can't just own things anymore, it's not like this legislation will change anything. Storefronts aren't going to drop their DRM just so they can use the word 'buy' again.
True but the point is honesty here... people should know they are not buying. if they chose to license, that's on them. at some point, people need to make decisions as long as they are not lied to, they have to own them.
As a purchaser of many games online, that makes sense to me. Especially for younger people growing up with this kinda stuff it would be nice to differentiate the two.
I remember some game from steam can just copied and played, DRM free, just that they don't have steam feature like achievement. Not sure if it's true now.
Gog doesn't* (as often?) sell licenses that can be revoked as part of purchasing eula and therefore shouldn't really have to remove the misleading 'buy' word.
Many steam games you don't own and aren't buying, you're being granted access that can be revoked by the property owner. That's not just steam.
*I'm not a big Gog or games purchaser in general so I'm not sure if that's accurate. I'm sure you get the point though.
Probably not, sounds like it would apply to all digital store fronts. And a game from GOG could still become unavailable if it relies on game servers that are taken down.
If they did make an exception for stores like GOG, then some steam games would theoretically also be exempt because they don't use steam drm. So you could have some guys labelled "buy" and others labelled "get".
then some steam games would theoretically also be exempt because they don’t use steam drm.
I think the main difference that would arise between these and GOG would be the provision of installers. Even though some Steam games don't use its DRM, they're still reliant on Valve's servers and an online connection for installation. GOG games are reliant on CD Projekt's servers and an online connection for installer downloads, but upon download completion, one may install and reinstall games even while offline.
That's a critical difference in digital distribution, in my opinion.
Because I can download and save installers for GOG games and install them without needing to connect to GOG at all. It's more akin to buying physical media than it is to Steam or other storefronts.