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2 years, 10 months ago

The French consumers also call for toughening of responsibility for data leakage


The federal consumers union of France made to Valve the claim, having declared that Steam and terms of service of service violate a number of legitimate rights of citizens of the European Union, including the right to legal resale of the purchased software.

Members of UFC Que-Choisir existing for 64 years (further "Federal consumers union") insist that Valve is obliged to give to users of the Steam service an opportunity at desire to resell legally purchased digital games. Noting that in many online stores certain restrictions for resale of products are provided, the Federal consumers union claims that it is very difficult to understand why it is possible to resell physical disks with games, and prohibition works for digital games. Any judgment prohibiting to resell the purchased games on online flea markets was not made. Moreover, it is remembered, representatives of the European court unambiguously explained that it is allowed to resell the software which is an integral part of video game.

The federal consumers union appeals to a solution of the European court of 2012 concerning resale of the loaded software licensed by the Oracle company. The resolution says: "Does not matter whether the copy of the computer program was made by means of loading from the website of the owner or by means of the material carrier, for example, CD ROM or DVD".

According to the resolution of the European court: "From the economic point of view, sale of the computer program on CD ROM or DVD and sale of the program by means of loading from the Internet are similar. Information transfer online serves as a functional equivalent of delivery of goods from material carriers". But in 2014 in the proceedings initiated in the claim of the German labor union of consumers on matters of law of resale of products the Regional court of Berlin passed a decision for benefit of Valve.

The legislation concerning these aspects provides other order in the USA. Here courts repeatedly confirmed the wide rights of the companies to the prohibition of resale of programs recorded in license agreements of the ultimate user, even in a case with physical copies of software. On the person some contradiction to "the doctrine of the first sale" which grants to the first buyer very wide rights when using of the purchased product. Software makers insisted – and is successful as it was in Vernor against Autodesk — that the software is licensed, but is not purchased, and therefore the doctrine of the first sale in this case is not valid.

In addition to the complaint concerning the right to resale of products, the Federal consumers union demands from Valve of explanations concerning the statement that clients of service have the right to a reuse "at own will" of content created in Steam by other associates. This formulation "contradicts … to the principle of respect of the rights of users/developers of intellectual property" — members of Federal consumers union emphasize. Besides, in their opinion, Valve is obliged to share responsibility if at operation of servers of the company there is a leakage of personal data of users, in particular, the claimant refers to reports of Valve according to which every month about 77 000 accounts Steam are exposed to cyberattacks.

The federal consumers union submitted for discussion procedure of return to users of Steam of funds from the attached e-wallets (Steam Wallets) in case of liquidation of accounts which Valve is also obliged to approve. And, at last, the claimant does not agree using the law of Luxembourg for any complaints against the company arriving from citizens of the European Union. "Yes, we have the general currency system, but the rights for some reason different!" — representatives of Federal consumers union are indignant.

They also report that they, "despite Valve resistance", directed the application about consideration of the complaint in the Supreme Court of Paris, previously having notified on it the manual of the company.


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