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this post was submitted on 06 Jun 2024
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Sorry, I'm not sure I understand where you're getting your limitation on GOG and expansive interpretation on Valve.
GOG's says a court order that "specifically entitled someone to your GOG personal account" is enough. Arguably a will that leaves "my personal GOG account," recognized by a court determining estate, would suffice. Why wouldn't it?
Conversely, Valve is specific that Steam accounts "cannot be transferred via a will." Not only is Valve affirmatively denying a will qualifies, it seems Valve is likely relying on an interpretation that the account is not descendible in the first place.
No, you need to think like a lawyer. Let's start from the end, if a court ordered GoG/Valve to transfer the account, they would do their best to do so, so saying so is meaningless. So the question becomes: How can a court order them to do so? Valve specifically states that a will is not valid, GoG doesn't, but if the court decides that the will is valid Valve's wording is meaningless, if on the other hand the court decides that a will is not valid for digital licenses then you wouldn't get the court order for GoG, therefore mentions to will on their legal agreement is meaningless. And just a will doesn't give you right to the account without a judge ordering so.
So long story short, both are meaningless, one says we will comply if forced and the other one says you can't use a will, both means: you can't use a will, but if a judge forces us we will comply.
That was very well explained. :)
I really think it's a case of valve being explicit (no, your uncle can't will you his steam collection), and gog having the same policy but looking for the closest way to say "yes" to avoid falling into the same PR trouble.
"No, access is lost when you die" is a valve support person giving a direct response to an individuals question.
"Yes, if we are given no legal choice" is a gog PR person answering a reporter to sound as good as possible.
It's one of the better known downsides of digital media, so this whole thing feels a little... Much ado about nothing new.
A probate court validating a will isn't a court order is the thing.
For both companies, they agreed to provide you access to the titles in exchange for money. You can't generally will a service to someone else. It's why things like bank accounts get crazy weird with estates (weird for anyone other than a banker or lawyer). We've had a very long time to work out how we handle it. The money in the account is an asset owned by the estate. It's a "thing" that you can will. The account itself is owned by the estate, but it can't be willed because it's an agreement between the bank and the deceased.
When the estate is being handled, only the person managing it can access the bank account, and then they move the money to the accounts of the person who gets the money, even if it's at the same bank.
Games in your game library aren't assets like money is. They're non-transferable licenses. A physical disk is an asset.
https://support.gog.com/hc/en-us/articles/212632089-GOG-User-Agreement?product=gog
Their user agreement is particularly approachable, and includes nice explanations next to the sections.
This is whole thing is really a case of valve being very explicit about a significant drawback of digital assets to avoid confusion (their support has clearly had to address this situation before 😔). Gog is answering a press question being asked in response to the explicit reply from valve, so of course they're going to avoid saying "our policy is the same".
If it were routinely transferable via normal estate transfer, they wouldn't need to specify the need for a court order, or that the installers are drm free so they couldn't revoke access. If it went to an estate, the account would transfer automatically with the estate like every other tangible good.