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EU court rules people can resell digital games
(www.gamingbible.com)
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The EU doesn’t mess around, their definition of digital purchase is what matters, not the wording in steam EULA
Yeah consumer retail has implied contracts that override anything you write in a TOS or EULA. You can add certain things with those but there's still a basic commercial transaction happening that is bound to the rule of law.
I'm mentioning this because I remember EU going after Valve sometime in 00' or early 10' because of this, and remember Valve basically saying "well, we will no longer sell digital goods then, enjoy your licenses". I know I remember this but I cannot find a source on google...