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Could Microsofts Rumoured Pre-Owned Plans Be Illegal?

HUGG Writes: Unless you have been living under a rock for the last few days, you will have probably heard about the rumoured Microsoft plans that charge customers for the privilege of playing pre-owned games.

The rumoured plans include taking a cut of used games sales at high street retailers as well as charging a fee of £35 to activate a game on your own system if the game had been previously activated else where.

This news has rightfully caused quite a stir and Microsoft have done nothing to stem the flow of criticism, only confirming their intent to "enable our customers to trade in and resell games at retail" but "beyond that, we have not confirmed any specific scenarios."

After getting a bit of a bee in out bonnet about it, something didn't sit quite right with us, so we decided to do a bit of research in the legality of these rumoured plans.

The results may suprise!

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heyuguysgaming.com
Majin-vegeta4746d ago

God I hope so.

It's funny how other companies out their don't b*tch about used sales.Except the video game indsutry.

I don't see Ecko complaining when someone sells one of their shirts at a yard sale.Or a car company asking for a cut when someone sells their car off to someone else.Or the movie industry asking for a cut when someone sells a movie etc...You get my point.

These people just wanna get payed twice for a game.Damn greedy bastards.

zeal0us4746d ago

They are being greedy for a reason because we all know these multimillion/multibillion gaming companies are shutting down left and right due to used games /s

darthv724746d ago (Edited 4746d ago )

you are confusing 2nd hand "private" sales with those that must be reported.

yard sales are private sales and the money from those are generally not reported as any type of profit to the government.

Stores that sell merchandise have to report those sales. its how they are taxed on the profits claimed. Even car dealers must report any sales of 2nd hand vehicles to the government and ultimately...the mfg themselves.

so yes, ford, chevy, toyota...they know how many vehicles are purchased new as well as used and yes they do get a small percentage from each sale. Its all contracted into the fees we pay at the dealer.

To avoid paying to those bigger companies, thats when you do a private sale. sell your car to another person or sell your items at a yard sale and you get to keep all the $$.

As far as retail stores for used games. Bigger places like Gamestop have codes for every game in their inventory. They know how many copies exist and how many have been sold.

Zcarnut4746d ago (Edited 4746d ago )

Darth...I AM a used car dealer. When I sell a used Toyota or whatever? The manufactuer doesnt get jack from me LOL. In my state, I collect a "road use" tax and fees for registration/title,and tags. Its all State fees. The only thing a manufactuer does with a used one is periodically collect registration information. They only do that for the purpose of putting out recall notices if the vehicle has or may get them. Ehh..They may also collect it for advertising purposes,but i'm off topic enough as is LOL.

I'm not saying I disagree with your point,just thats not a good example.

darthv724746d ago

i stand corrected. Perhaps its different for every state.

thank you for that. have a +bub for being helpful.

Dj7FairyTail4745d ago

Nintendo doesn't
they only care about people not buying them

One4U4745d ago

this is what happens when the 2 most money grabbing companies team up !

rainslacker4745d ago (Edited 4745d ago )

I hate to hijack your first comment with something off your topic, but I felt this would be appropriate where everyone could see it. Please forgive me.:(

Here's how it works in software. We can thank the courts for leaving this up in the air, and not having a actual stance on the issue for God knows what reason.

With most software purchases, you are not buying the actual code. The disc you receive is nothing more than a distribution medium, not unlike a download.

What you are purchasing is a license to play the code in the manner it is intended, such as on a game console. Because it is a license, you and only you are eligible to use it, and in most cases it is considered non-transferable.

So far, for the most part, the actual license is attached to the disc. So when one trades/sells a disc the license is sold with it, along with the distribution method. They are intrinsically linked. Basically, if you have the disc in possession you have permission to use the code and license. So 2nd hand sales continue.

With this new thing, the license and the distribution method are separated, the way they were always intended to be, much like DD. What you are buying is the license and the use and ownership of that license is outlined based on what the provider wants(The TOS), and stipulates whether or not you can transfer it to someone else(You usually can't). As such, MS is within their legal rights to charge for someone else to use it, or to charge to facilitate the transfer of that license to another person(the fee in this case), or worse yet strip your right to use that code at a moments notice(account ban for instance). The physical distribution medium in this case is just a convenience for the retail shopper, or for those that don't have fast internet...or whatever.

MS has been doing this for quite some time with their retail releases of their software packages and OS's. It's nothing new for them. In this case, the license is attached to a person(account actually), whereas their software packages are attached to a machine.

NOTE:
This is why it's legal. Not a moral judgement on whether it's ethical. Another thing to note, the EU ruling on DD resale is a step forward in ownership rights of software, however even Steam has taken measures to circumvent it, so it's not going to be a simple issue that is easily resolved.

2nd Note:
On the stripping away your rights to use the software, this could get hairy if all licenses were taken away from a user. There is an expectation among the consumer to be allowed to use their product based on the terms of sale, and that term of sale does not always extend into the terms of service. Again it's a tricky issue, but Steam did it with their users by forcing them to accept a new TOS or lose access to their games. I'm not aware of any litigation over that issue, but the courts may have sided with anyone who brought a case because of it. Again, not trying to debate the morality or ethnicity of this, just pointing it out.

+ Show (1) more replyLast reply 4745d ago
zerocrossing4746d ago

If it's not now it only should be, we're not talking about devs getting a fair cut of what they earned, this is greedy publishers trying to pilfer money from individuals who already paid for or came into possession of a used game through legal means and therefore have every right to its contents.

SexyGamerDude4746d ago

It's not a rumor. It was confirmed in a interview with Adam Sessler. It's on YouTube. They are following through with the fees.

zerocrossing4746d ago

I'm absolutely disgusted by this news, I feel bad for sayng this but I really do hope MS fail big time this gen.

Omac_brother4746d ago

Microsoft announced a statement earlier today so say "they have a plan for pre-owned games but no details have been decided or confirmed" so we are still classing it as rumour till we hear otherwise.

ApolloTheBoss4746d ago

That's a little thing called Damage Control, my friend.

Yodagamer4746d ago

I think it is legal.I recall something saying we have the rights to play the disc, but not to resell it, reproduce or use for public use unless covered by the faire use act

DarkBlood4746d ago

thats entirely suggestive i mean i have a motorstorm game from the original ps3 phat 80 gb limited model that has a little red "not for resale" and something like that on my zelda collection for gamecube yet i saw those in the store

i dont think even that can be implicated well

madpuppy4745d ago (Edited 4745d ago )

"The first sale doctrine, codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner. The right to distribute ends however, once the owner has sold that particular copy."

tiffac0084746d ago

Interesting point, something a consumer should consider before purchasing.

zerocrossing4746d ago

My sisters a law student, that count?.

jc485734746d ago

well, pay attention between now and then. probably someone can break the tip of the ice with some kind of policy for the new XboxOne.

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70°

Microsoft Gaming Revenue Drops 7% Year-on-Year, Content and Services Down 5%, Xbox Hardware Down 33%

Microsoft announced its financial results for Q3 of fiscal year 2026, including an update on its gaming Xbox business and more.

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simulationdaily.com
Jin_Sakai22d ago (Edited 22d ago )

Not looking good. Hopefully Asha Sharma is able to turn Phil’s disaster around.

dveio22d ago

To me it's still quite remarkable how they can cash-in 5.3bn in revenue in a single quarter, since their hardware is basically dead.

Jingsing22d ago

The stock mark is what makes Microsoft remarkable, They have convinced every institutional and retail investor to just keep piling money into them. Like many big tech giants they are just a big growing pyramid scheme. As long as people keep dropping money into ETF's that cover the market Microsoft will always be liquid. At the same time it is completely stifling innovation and competition. People need to start being more discreet in how they invest their money as it's killing the system.

Tanktopmaster9222d ago

Once they re-evaluate exclusive all will be fine….

S2Killinit22d ago

Riiiiight because people will just flock back to them for one or two games per year.

Jingsing22d ago

15+ years of bad performance is what they call irreparable in business. It is time for them to sell off the assets and get out of entertainment.

Tanktopmaster9222d ago

These declines are on the back of extra revenue received from releasing games like Forza horizon 5 on PlayStation. So I’m being sarcastic here when I said they should go back to exclusives. Killing off a revenue stream from Ps5 sales will only make things worse

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70°

Xbox boss: Memory crisis could impact next-gen hardware pricing

Xbox boss Asha Sharma has discussed how component shortages will impact the company's plans for Project Helix.

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gamedeveloper.com
Eonjay24d ago

When does this end? Its killing everyone. Consoles and PC. And for what? AI? The benefits of AI are completely outweighed by the negatives. And the government should have never allowed one company to buy up all the RAM.

Lexreborn224d ago

This kind of proves this is an after thought product, most products like this are in r&d 5 years before they start mass producing. So they typically have the cost of components and things worked out long before assembly starts.

This is an assumption still, but I wouldn’t be surprised if project helix is similar to Scalebound,perfect dark and sod3. They had an idea but no actual execution other than concept stage. Being impacted by the ram shortage likely would also put this device 3-4 years out.

I’m not even sure MS has that endurance with Xbox yet

Fishy Fingers24d ago (Edited 24d ago )

I mean.... what?

We're at a point that Samsung wont even provide their own phone department ram because they can sell it at higher prices to 3rd parties (AI). Its more profitable to sell the ram than make their own devices with it.

You think because R&D starts 5 years ago the 3rd party component manufacturers will honour that price? They'll sell it to whomever is paying the most today, not some gentlemens agreement they made years ago. AI farms will buy more volume at higher prices than any console manufacturer will. It'll be the same for Playstation.

Lexreborn224d ago

Contractual agreements are not the same as “gentlemen” agreements. If you think that they work with their distributors a month before production then their entire business model is trash. They work with companies like nvidia constantly for building the graphics cards they need. They work with companies that build motherboards years in advance. This is what proper business planning does.

They are not buying components on a whim like a consumer. So again, considering the ram isn’t a singular module and is integrated into the motherboard I highly doubt they wouldn’t have a final schematic that they are supposed to be building around.

If they are delaying production another 3 years then it’s obvious again this is an after though project and is just trying to be responsive to their bad execution they had the last 14 years.

It also isn’t far fetched to use their failure to produce first party titles the last 7 years including the highly anticipated games I mentioned all being cancelled. That they would continue to you know… lie

Sitdown24d ago

You don't really know how this works huh?

Profchaos24d ago (Edited 24d ago )

Helix is going to be stupidly expensive

Instead of leaning into smarter upscaling techniques they're brute forcing hardware that will cost them dearly and it remains to be seen if it's genuinely going to provide a meaningful differential

I know in the oc.doace people like to brag about not using frame gen or dlss to get to high on a game but for the majority of players they happily use those technologies without a second thought

That's going to be ps6 vs Helix

Eonjay24d ago

Yeah with FSR 5 they should be able to offer a much cheaper version of Helix.

Eonjay24d ago

While this does seem to be the case, I am encouraged by the statement from Microsoft about wanting to provide affordable options. If this means a Series S style Helix, at least there will be something affordable being offered.

XBManiac23d ago

Series S is what has killed Xbox Series so... Will they dare?

blacktiger24d ago

It's called systematic inflationary. Yes we get it Microsoft, keep raising in the name ofall kinds of stuffs

pwnmaster300024d ago

Honestly if there was thing I learned from this generation is that new consoles arnt day one anymore.
I can wait 1-3 years.

DarXyde24d ago

Another important lesson from this generation: while Nintendo showed us that prices don't necessarily need to ever drop, we've now learned that waiting 1-3 years does carry some risk that prices increase. This generation is just bizarre in all the wrong ways.

LucasRuinedChildhood24d ago (Edited 24d ago )

The factors are largely external. Covid and Russia-Ukraine war causing inflation led to the first price increase in 2022.

Then we get Trump's tariffs increasing hardware prices, AI boom causing a RAM crisis, war on Iran causing a worldwide fuel crisis which impacts the cost of everything.

Gaming doesn't exist in a vacuum. The last few years have been a shitshow and lot of it was definitely avoidable.

DarXyde24d ago

LucasRuinedChildhood,

For sure. No disagreement on the external factors doing a lot of this. Where I have to gently push back however is on two fronts:

1. The pandemic definitely caused some issues: asynchronous development was a big issue and really complicated timelines and affected game quality. At the same time, when it comes to price hikes, it's really difficult to know what was genuine necessity and what was taking consumers for a ride. The pandemic brought about "stag-flation" which was increasing prices and stagnant wages, which was a problem caused by supply chain constraints. There was also "Greed-flation", where companies that were slightly affected or had no issues took advantage of the situation and squeezed everyone citing supply chain issues when there were none.

2. It's definitely true that the tariffs, AI boom, and RAM crisis were all things enabled by tech broligarchs throwing money at this caricature of a world leader, one of them being Satya Nadella. I don't think Sony and Nintendo have contributed much to this problem if at all, but Microsoft's Nadella I feel was instrumental in causing every one of those issues. Microsoft as a company contributed to both candidates (though they gave Harris 4x as much if I recall), but Nadella was all in on letting AI run wild. He paid for unregulated AI, and got a war that's not a war (even though Trump called it that at least five times on television) that screwed up helium access. So for me, I feel that one of the players in the gaming industry is a key architect of these issues, and for that reason I struggle a bit to think of it as "external".

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50°

'The big things that we're thinking about'

In an exclusive interview with Game File, new(ish) Xbox boss Asha Sharma and Xbox chief content officer Matt Booty explain their vision for Microsoft’s gaming division

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gamefile.news
Agent7525d ago

A good start would be to release games to go with the console. My Xbox Series X has gathered dust virtually from launch. My advice would be to ditch a next console and release games on PC, PlayStation and Switch. Another idea would be a hybrid console based on Xbox Series X tech and go the same route as Nintendo. Another idea would be to pull out of gaming altogether. Plenty of options there.

Reaper22_23d ago

Why would they pull out? They have the momentum. Sony has been getting nothing but bad news lately.