Rock, Paper, Shotgun

Update: The memo we saw is now publicly posted here.

EA have announced tonight they’re planning to sue Zynga, over the similarities between the recently released The Ville, and Maxis’ The Sims Social. It’s not the first time that Zynga has released a game that looks astonishingly similar to another company’s game, but it’s the first time they’ve met an opponent big enough to fight back. We’ve seen an internal EA memo that tells staff that while they are pursuing this because they believe they’re legally in the right, they’re also doing it because they believe it’s time to be “taking a stand”. It says that even if they were to lose, “we will have made a point.”

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Well here’s some pretty huge news. The Court Of Justice of the European Union has just ruled that people should be able to resell downloaded games. In an environment where publishers are trying to destroy basic consumer rights like the ability to resell physical products you’ve paid for, this could be one heck of a turnaround for customers. And that’s no matter what it might say in the EULAs. This could have absolutely enormous implications on how services like Steam, Origin, GamersGate and the like work, and finally restore some rights back to the gamer.

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What do you own? Looking through my possessions, I feel fairly comfortable that the food in my fridge belongs to me. And I have an odd confidence that the hardware in my PC is mine. But the books on my shelves? I seem to have very little rights over them. The CDs stacked up in a cupboard (remember CDs?) certainly aren’t my property. And the software on my computer may as well be tied to a long piece of elastic, just waiting for the publishers to give it a tug. You own a license. But a license for what? This lack of ownership becomes even more concerning when it comes to the digital space, at which point our rights to anything become extremely ambiguous. And that’s something that can bite you hard on the bum, when places like Steam seem to reserve the right to ban you from your account, and not even tell you why they did it. Below is the story of one RPS reader who says he lost access to his entire Steam collection, and thoughts from game lawyer Jas Purewal on whether we really own any game we buy.

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