Glossary

CLUF

EULA, End User Licence Agreement

The contract that governs your right to use a game. It states that the product is licensed to you, not sold. Often shared across all games from the same publisher, it is accepted with a single click, or simply by playing. See "What is a CLUF?".

CGU

General Terms of Use

The rules set by a platform (store, online service) for the use of its services. Like the CLUF, they form a contract, subject to the law, which takes precedence over them.

Licence (of use)

A right of use granted under conditions, and not a transfer of ownership. You can play, but within the limits set by the contract (no resale, variable duration, etc.).

Exhaustion of rights

The rule under which, once a copy has been sold in the EU with the rights holder's consent, that holder can no longer oppose its resale. It authorises the resale of the physical copy; the French courts have ruled it out for digital games (Cass., 23 Oct. 2024).

Unfair term

A contract term creating a "significant imbalance" to the detriment of the consumer. It is deemed unwritten, with no effect, even if you accepted it (Directive 93/13/EEC; art. L.212-1 of the French Consumer Code).

Right of withdrawal

The right to cancel an online purchase within 14 days. For digital content supplied immediately, it can be waived if you expressly renounce it, hence the importance of clear consent (Directive 2011/83/EU).

Intellectual property (IP)

The set of exclusive rights over creations of the mind, for a game essentially copyright and related rights, plus the trademark. It belongs to the rights holder (often the publisher), not necessarily to the creators.

Usus, Fructus, Abusus

The three attributes of full ownership in civil law: the usus (to use), the fructus (to reap the fruits) and the abusus (to dispose of it: sell, give, destroy). A game licence grants, at best, only a limited usus.

Directive vs Regulation (EU)

Two types of European text. A regulation is directly applicable in all Member States (e.g. the DSA, the RGPD). A directive sets an objective that each State must transpose into its national law (e.g. Directives 2019/770 or 93/13).

Directive (EU) 2019/770

The central European text on contracts for the supply of digital content and services: conformity, supply, framework for modifications. Transposed in France into the Consumer Code (art. L.224-25-1 et seq.).

DSA

Digital Services Act, Regulation (EU) 2022/2065

A regulation governing online platforms and intermediaries: transparency of terms, ban on deceptive interfaces, action against illegal content. It does not govern the ownership or resale of games. See our analysis of the DSA.

DMA

Digital Markets Act, Regulation (EU) 2022/1925

A regulation targeting "gatekeepers" (large platforms), notably to open up closed ecosystems (alternative stores, interoperability).

DFA

Digital Fairness Act

A future European text (in preparation, under consultation since 2025) meant to tackle dark patterns, addictive designs, subscription traps and unfair terms. Potentially the best lever for players' rights.

RGPD

General Data Protection Regulation, (EU) 2016/679

Governs the processing of personal data: valid legal basis, clear information, minimisation, rights of access, rectification and erasure. When the publisher relies on consent, that consent must be freely given, specific, informed and unambiguous.

DRM / MTP

Technical Protection Measures

Technical locks limiting the copying, installation or use of a game (activation, mandatory connection, etc.). Under French law, they must not obstruct certain exceptions, such as legal deposit.

Legal deposit

An obligation, in France since 1537 (modern law of 1992), to deposit published works in order to preserve them. It covers video games, including digital ones, collected by the BnF (Heritage Code, art. L.131-1 et seq.).

Live-service game

A game inseparable from a continuous online service (regular content, seasons). It lives, and dies, with its servers: when they shut down, it can become completely unplayable (e.g. The Crew, 2024).

Digital (dematerialised)

Said of a game distributed and acquired without a physical medium, via a digital platform. You buy an access licence for it, not an object.

ICE

European Citizens' Initiative

An EU participatory democracy tool: beyond one million verified signatures, the Commission must respond, but is not obliged to legislate. This is the framework of "Stop Destroying Videogames".