SunshineHunter

SunshineHunter

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Comments 64

Re: Talking Point: The Fragility of Buying Download Games

SunshineHunter

Digital downloads are, to a great extent, end runs around an established copyright doctrine known as the First Sale Doctrine. Microsoft and Borland began the legal challenges that would shape contract law, and facilitate the emergence of a new way of selling software: the license.

Prior to that, an author's copyright interest in a work was extinguished after the first sale of a work. Imagine having to keep track of every transaction of every copy of a book, and then having to reconcile payments to the current copyright holder! So, we have the first sale doctrine. This doctrine is what makes secondary markets for video games possible.

And before some dimwit smugly suggests that this is a new era, this battle has been fought many, many times before. Over books. Over magazines, movies, music, and art. What is different now, is the view of property rights with regard to software. Microsoft and Borland (among others) were successful in advancing a new way of thinking: that software should be subject to (shrink wrap) licensing at the consumer level.

Publishers can now exert total control over the secondary market, insure that production costs are kept to a minimum, and retain absolute authority over how, when, and to whom licensed content is distributed.

As it stands now, content which is licensed to a consumer and digitally distributed deprives the consumer of any ownership right whatsoever.

On the other hand, you own a retail copy--free and clear.

Re: Editorial: The eShop's Pricing Dilemma is the Fault of Many, But Damages Creativity and Risk Taking

SunshineHunter

I think your editorial is way off base. Digital distribution provides licenses with no ownership interest whatsoever. I believe that consumers are reacting in a reasonable way. When confronted with what amounts to a long term rental at full retail price, they simply choose to not participate. I am a retail gamer, and I do not even bother to look at mere licenses for the most part.

Consumer advocates frequently use a phrase that is far from appropriate: vote with your dollar. The phrase is ridiculous as there is clearly no way to vote against a trend. But the trends can fail, as this one is.

Re: Nintendo Submits Trademark for NES Controller

SunshineHunter

It isn't for a new product. The patent protection of the NES is over; a new regular national patent has a term of twenty years from the date of first application. A trademark, however, may remain in effect so long as the mark has secondary meaning and is used in interstate commerce, or is otherwise not abandoned.

This is simply a way to protect their intellectual property.

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