this post was submitted on 26 Sep 2024
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California Governor Gavin Newsom has signed a bill into law that won't stop companies from taking away your digitally purchased video games, movies, and TV shows, but it'll at least force them to be a little more transparent about it.

As spotted by The Verge, the law, AB 2426, will prohibit storefronts from using the words "buy, purchase, or any other term which a reasonable person would understand to confer an unrestricted ownership interest in the digital good or alongside an option for a time-limited rental." The law won't apply to storefronts which state in "plain language" that you're actually just licensing the digital content and that license could expire at any time, or to products that can be permanently downloaded.

The law will go into effect next year, and companies who violate the terms could be hit with a false advertising fine. It also applies to e-books, music, and other forms of digital media.

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[–] MonkderVierte@lemmy.ml 24 points 13 hours ago* (last edited 13 hours ago) (2 children)

Why isn't this a thing already? I mean, it's USA, companies love to sue against illegal copies. No one got an argument like "I bought it so i was in the assumtion it belongs to me"?

[–] wildn0x@lemmy.world 17 points 13 hours ago (2 children)

The big company has more money to lawyer up. If a company can't win, they can drain the plaintiff dry of money through legal fees.

[–] Grandwolf319@sh.itjust.works 4 points 13 hours ago (7 children)

I don’t understand why they don’t just charge both parties the average cost when one side has waaay more legal resources than the other. Seems like such an obvious issue with the legal system that even the founding fathers should have realized if they thought for a second.

Or they did and this is the intended system.

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[–] MonkderVierte@lemmy.ml 9 points 13 hours ago

Ah right, i forgot the pay to win judicial system of US.

[–] finitebanjo@lemmy.world 6 points 13 hours ago (2 children)

Fun Fact: If you as an individual bought a game, made a copy, and gave it away then you have done nothing wrong.

Also, downloading an "illegal copy" for yourself is also legal. You have not distributed another person's IP for profit, there are no laws against what you did.

If you sold the copy it would be illegal. If you gave away 500 copies it would be illegal. But creating and sharing a backup is fine.

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[–] TheObviousSolution@lemm.ee 6 points 12 hours ago* (last edited 12 hours ago) (2 children)

I wonder how many Steam users are going to get a startling wake up call. For all the praise it gets, Steam was a frontrunner in labeling buy and purchase what is essentially an unlimited time rental that can expire when your free subscription service does.

They can ban and suspend your account for, say, adding the "wrong" CD key into your account (they reserve the right to ban false CD keys) or accepting gifts (if fraud ends up being associated with it), along with all your other purchases if they wanted to, and that would be potentially thousands and thousands of dollars down the drown. Steam could collapse, or it could be passed on to a new CEO that say, sold it to EA, and they could decide to put conditions on that subscriptions or even to empty inactive accounts as they did to their own service. They could even just simply start enforcing their guidelines for bans to their fullest extent. Oh, and each game developer can issue a game ban based on their own code of conduct.

It's funny how little interest there has been to treat your purchases as actual digital goods, except by the NFT crowd who are just in it for the money. Actually, ignore that, if anything, most NFT implementations as of now are treated more as subscription options with a buzzword than a digital good, too. So as an aside, it's also funny how the blockchain crowd avoids using the blockchain as a digital good and uses it as confidence game cash grabs instead.

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[–] Fedizen@lemmy.world 12 points 16 hours ago* (last edited 10 hours ago) (1 children)

I feel like the Magic The Gathering Online rule should be in play: if somebody sells a digital product you should be able to have them ship you a physical copy of the product at the cost of shipping it.

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[–] capt_wolf@lemmy.world 104 points 1 day ago* (last edited 1 day ago) (1 children)

It's way past time for a crackdown in regard to digital ownership. We're living in a digital age now, where digital entertainment products have clearly outpaced physical products. We need to force companies away from the "rental store" mentality they're insisting on. If we're paying the same price for a digital copy of a product as it would be for a physical copy, then we deserve the same protections across the board.

If I buy a movie, music, a book, or a game, I should have the right to save a local copy of it to use, in perpetuity, in any manner I please, not just for as long as the company decides I should be able to or for as long as the company exists.

[–] bobs_monkey@lemm.ee 39 points 1 day ago* (last edited 1 day ago) (1 children)

Not only that, but the ability to transfer or even sell your license. If I can gift or sell a book or DVD, I should be able to do the same with a game or digital movie.

[–] NotMyOldRedditName@lemmy.world 0 points 1 day ago* (last edited 1 day ago) (16 children)

Something like smart contracts on ethereum using NFTs is actually a perfect use for this and where the future is heading.

You get a fraud proof authorization token that cant be duplicated that let's you access the content. It can be sold or transferred without needing the company to still exist and can still unlock the content even years after they're bankrupt.

The only thing left is how do you host the content so it survives beyond the company going out of business. The company themselves could host it initially, but eventually it'd need to end up on a public torrent site or some other distributed sharing network otherwise it could vanish. But that's also a digital media problem in general.

Edit: also like any DRM people that want to break it can go as far as altering source code to remove the checks, they do that today, this wouldn't change it. But this is a path for people trying to do the right thing on all sides. They haven't stopped selling digital content because people can bypass things.

[–] JPAKx4@lemmy.blahaj.zone 1 points 21 hours ago (1 children)

I wish this were true, but unless companies were forced to stop licensing then they'll never do that. And even then, if the company decided to not sell smth anymore or stop supporting it or they went out of business you still wouldn't be able to get things legally a lot of the time.

[–] NotMyOldRedditName@lemmy.world 2 points 20 hours ago* (last edited 20 hours ago)

And even then, if the company decided to not sell smth anymore or stop supporting it or they went out of business you still wouldn't be able to get things legally a lot of the time.

I don't think that's an issue unless it's an online service that they host the servers on, but for something like a book, even if they decided to stop selling it (aka minting new NFT tokens to access it) all the existing tokens would still work and trading would work.

We can't really do anything about online services though unless a law requires a company to allow self hosting if they close down, which would be a great law to have.

Edit: just to clarify further, the token is the ownership at this point. Having the protected content anywhere on the internet and downloading it without a token isn't theft, it's just there and legal, inaccessible without the token. It could just be on a public torrent for download from day 1 for anyone to download with or without a token. Also the content could even link to the smart contract to purchase a token to unlock it. So a movie player would see a unauthorized movie with a buy now button. It could even be a token that unlocks it for a 24h rental. Unless the media owner kills the contract intentionally, it'll be purchasable as long as the blockchain it's on exists.

I wish this were true, but unless companies were forced to stop licensing then they'll never do that

I think we'll see someone experiment with this eventually even without a law. There's a lot of upset out there about not being able to resell digital content and it suddenly being taken away.

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[–] orcrist@lemm.ee 9 points 1 day ago (1 children)

This should have been done decades ago, and I think law was strong enough decades ago to make it happen, it's just that district attorneys didn't want to piss off large businesses.

If a company shows on their website that they are selling you something, you as a buyer have the reasonable expectation that you've actually purchased it, and through that purchase, you can do all the things that you would with anything you own. When that's not true, they haven't actually sold you something. They've rented you something, and they know it, and that's a deceptive business practice.

Which is to say, I'm happy to see some improvement on potential enforcement for false advertising, but the reality is I'm not too optimistic that people will seriously follow up on it because they already had a couple decades to do so.

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[–] ravhall@discuss.online 144 points 1 day ago (3 children)

Alternatively, make laws protecting digital ownership and the right to resell that ownership on any market.

[–] solsangraal@lemmy.zip 9 points 1 day ago* (last edited 1 day ago) (1 children)

this is how college works too. textbooks are mostly digital e-books now. same price as the print versions, but of course impossible to buy used or sell back, and your license (and access) expire after a year. some of them disable copy and paste and limit printing to a couple pages. oh, you got a book you actually wanted to keep? fuck you.

[–] otp@sh.itjust.works 9 points 1 day ago (3 children)

I remember when this was first starting, the digital copies were like 30% cheaper. A lot of people, including myself, took them up on it because it made most things easier. (Especially when publishers would be coming out with new editions every year and many profs just made the new edition the required one regardless of any substantial differences)

[–] solsangraal@lemmy.zip 9 points 1 day ago

and look how far we've come...

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[–] gAlienLifeform@lemmy.world 73 points 1 day ago (3 children)

Yeah, this feels like validating a toxic business model when they should be dismantling it

[–] Infynis@midwest.social 10 points 22 hours ago

This will start to protect some people, and bring awareness to the issue, allowing for further regulation in the future, once public demand for it has increased

[–] L0rdMathias@sh.itjust.works 12 points 1 day ago

Why would a high profile politician in the United states do something that is for the benefit of their people? Weak leaders do not generally make strong decisions.

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[–] athairmor@lemmy.world 14 points 1 day ago (3 children)

My first thought was that it would be a nightmare verifying who owns what and how to transfer ownership.

Then it occurs to me, could this a legitimate use of blockchain?

[–] Artyom@lemm.ee 11 points 1 day ago (1 children)

There are a ton of legitimate uses for blockchain, but so many scammers loved it that it killed any momentum to use it where it works.

[–] NaibofTabr@infosec.pub 10 points 23 hours ago (1 children)

Yeah, there's nothing wrong with blockchain technology, but Surprise! the people most interested in unregulated financial systems are thieves and scammers. Who could have guessed.

[–] MonkderVierte@lemmy.ml 4 points 13 hours ago* (last edited 13 hours ago) (1 children)

Each new token needing more computing power is not an issue?

[–] NaibofTabr@infosec.pub 7 points 9 hours ago

This is a constraint designed into bitcoin to produce artificial scarcity so that the volume of tokens doesn't massively inflate and destroy their value. A blockchain doesn't have to operate this way if the goal is to produce unique tokens as identifiers rather than as currency.

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[–] finitebanjo@lemmy.world 34 points 13 hours ago (1 children)

I like how Factorio packages their game. You pay them $35 and then you can download and install on steam, get an installer through the website, or even just get a portable folder containing all of the game files.

Great game by good people.

[–] turbowafflz@lemmy.world 6 points 10 hours ago (5 children)

I really wish they would do sales occasionally, I played the demo and really liked it but $35 is just a bit more than I want to spend on a single game

[–] cynar@lemmy.world 13 points 9 hours ago (5 children)

It's a steal, even at full price, particularly once you account for the various mods.

FYI, I've several friends who veto playing, or even talking about factorio. They can't afford to lose 100s of hours of their lives again to cracktorio, and dont want to be sucked back in again. Take from this what you will.

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[–] Pogbom@lemmy.world 12 points 9 hours ago (1 children)

If you look at it as dollars per time spent, it'll probably be far better value than the majority of games you could get cheaper. Assuming you like it of course (but if you think you will, you probably will).

[–] Semi_Hemi_Demigod@lemmy.world 6 points 7 hours ago (1 children)

I've got over 1700 hours on Factorio, which makes it cost me 2¢ per hour of entertainment

Though it's a bit like drugs in that you really enjoy it at first and eventually you're just trying to get your fix.

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[–] SkyNTP@lemmy.ml 31 points 22 hours ago (2 children)

Weird how the end stage of capitalism is really just a strange two tiered form of the kind of communism everyone was told to fear. So much for actually owning anything.

[–] Facebones@reddthat.com 12 points 21 hours ago

People love the boot as long as the boot is privately owned.

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[–] GreenKnight23@lemmy.world 24 points 1 day ago

this is great! now we can argue in court, "if it cannot be owned, how can it be stolen?"

[–] pyre@lemmy.world 16 points 7 hours ago* (last edited 7 hours ago) (1 children)

no, dumbasses, the law should say "fuck you, if you sell it they own it". not that you're allowed to do whatever the fuck you want after they pay for your product as long as you say so first.

[–] Wogi@lemmy.world 8 points 7 hours ago

This may be careful wording to avoid it being struck down by the Supreme Court.

Individual states have limited power to limit contracts. And while this may be a flimsy leg to stand on, SCOTUS may as well be the great American flamingo when it comes to standing on a single shakey leg

[–] Blackmist@feddit.uk 10 points 16 hours ago

How about making a law so we do?

[–] EleventhHour@lemmy.world 8 points 1 day ago (2 children)

“Spotify Music License Dispensary”

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[–] index@sh.itjust.works 5 points 16 hours ago (3 children)

imagine buying something and not own it

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