Legislation & Law
9 articles
Resale of digital games in France: laws, contradictions and avenues of recourse
The Cour de cassation definitively banned the resale of digital video games on 23 October 2024. Why physical copies remain resellable and digital ones do not, and what avenues exist to change this law.
Should we rethink "intellectual property" in video games?
The term "intellectual property" gives publishers a power of life or death over works that are nonetheless collective and cultural. A reflection on what this vocabulary covers, and conceals.
UFC-Que Choisir vs Steam: the 2019 victory... and its downfall
In 2019, UFC-Que Choisir obtained a landmark ruling recognising the right to resell its dematerialised Steam games. Five years later, that victory was completely overturned. A look back at a decisive legal battle.
The DSA and dematerialised games: what it really changes (and what it does not)
The Digital Services Act is a powerful European regulation, but one that is often misunderstood. What it actually imposes on game stores, and why it is not enough to settle the question of digital ownership.
Law, Terms of Service, commercial practices: which one really prevails?
Can terms of service deprive you of a right the law grants you? No. A short guide to the hierarchy of norms applied to video games, to understand why "it is written in the contract" is never enough.
Your consumer rights when it comes to digital games
Withdrawal, conformity, unfair terms, personal data: EU law protects you more than you think, even for a digital game. An overview of the texts that really matter.
The Paris Court of Appeal closes the door on resale of digital games
On 21 October 2022, the Paris Court of Appeal overturned the 2019 ruling: digital video games cannot be resold. A breakdown of the exhaustion-of-rights rule and the distinction between software and complex work.
At the European level: the texts that shape our digital rights
From the Digital Content Directive (2019/770) to the DSA and the forthcoming Digital Fairness Act, the European Union is building, text after text, the framework of our rights in the face of the digital world. An overview of what matters for players.
Protecting players in the digital age: first legislative avenues
How can we legislate to rebalance the relationship between players and publishers? An overview of the avenues, extended legal deposit, a right of resale, continuity guarantees, that could build on existing European law.