These are weak arguments but there are valid ones why I would not think this has a footing, even if I support the attitude. What about games where the world is fully generative, tied to a licensed engine? You can't just rip/disable licensed items out, they may form a significant part of business code. Code and APIs would be needed to be documented. Why just games? What about abandoned Saas offerings? These restrictions might creep over.
I hate live service games like the next guy but legal advisors can bend these to form powerful counter-arguments.
Saas offerings are safe as they don’t let you Buy a thing. They’re very transparently a service. Same with timed licenses. It’s clear what you’re paying for. Most of the time.
With games it’s often not the case. You buy them and then at unspecified moment you might lose a significant portion of functionality or the whole game. At the time you buy a game you don’t know if it’s for a time, what time, or what will stop working.
When I bought WoW it was very clear to me I was buying a service. If blizzard decided after 2 years it wasn’t sustainable and to shut down the game at no point would I be entitled to own it. It was clearly a license to access their service, as long as it exists. Same for any other MMORPG
You can host offline servers of older mmos easily. I had my own lineage 2 private server in middle school. Private online servers too. Wow classic became a thing because private vanilla servers were incredibly popular.
You should be able to do this for any game. I understand them fighting it during the games lifetime.
The dev, having access to source code, issues the final patch that disables that feature. Better yet, the dev, having access to source code, never implements this feature in the first place as it doesn’t improve the player experience in any shape or form.
Yea I think the problem is that people don't realize how expensive the upkeep of live games are.
Most new releases rely on Multiplayer, the publishers have to come up with creative ways to monetize it.. so they introduce cosmetics, stores, etc in order to fund the ongoing development and cost.
This causes a backlash and eventually the game gets dropped because people don't want to pay a subscription.
I also think many comments are a bit too eager in claiming "oh just publish the code" and "oh just let users host X". It's obviously not that simple. The biggest one for me is that single player games should still be playable offline after servers have been sunset.
I'm sure that with current games, licenses were indeed acquired for a certain limited time. But if you start development and you know you'll have to sunset it according to the rules one day, I'm sure you'll come up with other licenses or just a way to strip out content like that.
What’s the problem with releasing a server executable? As far as I can tell that would be enough to get around this legislation. And I can’t imagine that to be prohibitively expensive.
What is a server executable? With a lot of modern games it could be a whole stacks worth of systems that neither the game client or server side game runtime will work without.
To my understanding the idea is that if a company licenses some 3rd-party component for their game, the component would either need to be severable from the game while still leaving it reasonably playable, or the license would need to permit people who have purchased the game to use that component. This is going foward, not applying retroactively to existing games.
I think that's still fairly favorable to game publishers compared to most other purchased goods. If you manufacture an office chair and license a patented swivel mechanism, the license you acquire cannot require you to break purchasers' chairs after the license expires, nor even to go around their homes swapping out the mechanism (which analogously may still be permitted for games).
Moreover if the rightsholder for that patent had been licensing only under the terms that the purchased chair is destroyed after 5 years but then a change in consumer protection law prevents that practice, they'd need to license it out under more reasonable terms (like you can only sell the chairs with the mechanism for 5 years, but there's no limit on how long people can use the mechanism in their purchased chairs) - otherwise they'd get no business.
> If you manufacture an office chair and license a patented swivel mechanism, the license you acquire cannot require you to break purchasers' chairs after the license expires, nor even to go around their homes swapping out the mechanism (which analogously may still be permitted for games).
Yes it can.
Fairly notably quite a lot of publishers sell their physical books and newspapers and require retailer unsold copies to be destroyed - but they were sold to the retailer.
> Moreover if the rightsholder for that patent had been licensing only under the terms that the purchased chair is destroyed after 5 years but then a change in consumer protection law prevents that practice, they'd need to license it out under more reasonable terms (like you can only sell the chairs with the mechanism for 5 years, but there's no limit on how long people can use the mechanism in their purchased chairs) - otherwise they'd get no business.
They quite possibly already have an alternative business of licensing the component for non-game offerings that they won't jeopardise.
> Yes it can. Fairly notably quite a lot of publishers sell their physical books and newspapers and require retailer unsold copies to be destroyed - but they were sold to the retailer.
Issue is with A->B->C due to business B being unable to legally fulfill the terms that'd require them to go around consumer C's homes destroying the chair they have bought (even if such destruction is hidden in some fine-print, given decent consumer protection laws). Some business B can still agree to terms impacting themselves (and as a business, typically have greater capacity to review/negotiate contracts), like destroying their unsold stock.
> They quite possibly already have an alternative business of licensing the component for non-game offerings that they won't jeopardise.
I think generally it's a large enough market (especially if this eventually expands beyond games to all purchased software, which I hope to see) that existing suppliers would adapt to either allow their component to be easily severed/mocked, or accept some probably-long-outdated version of their component being included in end-of-life releases (as it would for client-side components), else an alternative would emerge to fill that void.
> If you manufacture an office chair and license a patented swivel mechanism, the license you acquire cannot require you to break purchasers' chairs after the license expires, nor even to go around their homes swapping out the mechanism (which analogously may still be permitted for games).
The big difference here is that you’re applying B2C terms on B2B licenses. This would essentially ban enterprise B2B licenses for video game software which is insanity
> The big difference here is that you’re applying B2C terms on B2B licenses.
Both are cases of B2B licensing with the latter business then selling a product on to consumers.
> This would essentially ban enterprise B2B licenses for video game software which is insanity
I don't see how. If for instance some company develops an audio processing library, they can still license it out to a game development company for a limited time - just that the license would be "the company can no longer sell games with this technology after the license expires", opposed to anything that would prevent functioning of the already-sold games. Or rather, they could stipulate the latter in their license, but then their market would be limited to game development companies willing to patch it out after the license expires.
If it's really impossible for you to allow a game to remain playable after you abandon it, the only reasonable option is to not sell it at all. Instead you can rent it, with the length of the rental clearly stated up front. Advertising a rental as a sale should be illegal.
Who defined playable? Take Diablo 3 and 4. They are shared world games, are they playable without them? Maybe to you’d but to me they’re not. world of Warcraft has a rich questing experience which doesn’t require playing with other people - is it ok if they just switch off multiplayer content? That’s a different game, IMO.
Why not apply it to Saas? If you sold lifetime licenses and you don't want to run it anymore, just let your customers self host it. Even better if you can open source it.
I hate live service games like the next guy but legal advisors can bend these to form powerful counter-arguments.