If you are a video game enthusiast, a fan of DC’s favourite parentless posterboy, or simply a person who has paid attention to Twitter, Facebook or one of the various platforms through which we crowd-source our real-time news, you may have heard that a little, hotly-anticipated game, entitled Batman: Arkham Knight was released this week… You may also have heard that a number of people were rather less than delighted with the quality of said game at release – particularly the PC gaming community, a difficult community to placate at the best of times. What seems to have happened is that Warner Bros, the publishers behind this game, have released a PC-port (meaning the game was primarily designed for console and then adapted for PC) which is laughably unfinished, riddled with graphical issues, and plagued by problems with stuttering and freezing (OK, I’m not quite out of Batman villain references, but this could go on for days). In the wake of this debacle, they have been quick to suspend sales of the PC version, pending further invesitgation. Continue reading Batman: Arkham Knight – The Video Game Refund You Deserve
UPDATE: The text of the Regional Court of Berlin’s dismissal of the vzbv’s case has been published by Spielerecht.de. As suggested below, the vzbv’s focus on Steam accounts themselves rather than individual licences for games may have been unhelpful, but in addition the court seemed unconvinced that video games were merely software, but rather a mix of a number of elements, and as such Usedsoft may not be directly applicable. A helpful update, in English, of these developments and the court’s reasoning has been provided by Felix Hilgert and Konstantin Ewald of Spielerecht.de “Update: Valve May Prohibit Steam Account Transfers – German Judgment Published”
Recently, whilst doing some research on the concept of ownership and licensing in the video game industry, I came across a very interesting paper by Christopher J Cifrino entitled “Virtual Property, Virtual Rights: Why Contract Law, Not Property Law, Must Be the Governing Paradigm in the Law of Virtual Worlds“. In this paper, Cifrino argues (unsurprisingly if you read the title) that contract law might actually be the best and fairest way to continue dealing with the legal relationship between the gamer/consumer and the developer and/or publisher. Continue reading EULAs and Online Gaming – Simply a Better Fit Than Property Law?