My best guess on why Valve doesn't like the idea of a second hand market for content sold on Steam is that it would destroy Valve's internal price structures if such a market would emerge (globally).
The prices on Steam vary quite substantial between regions / countries. Depending to which country an account is linked to the price for the same content may be only a small fraction (down to single-digit percentages) of the price called out elsewhere.
If there would be a free market for "second hand" Steam licenses, and those licenses could be freely transferred form low price regions to high price regions, Valve couldn't uphold its artificial price structure any longer. I guess they don't like this idea.
Even if Valve finds a way to avoid allowing second hand sales between arbitrary counties they might get in some trouble even with this ruling now: I guess they can be forced to allow second hand sales between EU countries with this ruling (because of properties of the trading union). But AFAIK there are also price differences between countries inside the EU. A free second hand market will likely put an end to this.
They could region lock each acquisition. It's not difficult and it probably wouln't cause issue with the law because it's already happening with video DVD.
It is still an option for purchases, the digital content rules have not been formalized yet and currently only aimed and preserving access while traveling within the EU, the current complication is licensing as well as license derived copyright (e.g. translations).
As most content is created outside of the EU and then licensed to various entities within the EU on different agreements there isn’t much that can easily be done.
Sky for example licenses HBO content for the UK you can’t become a Sky subscriber if you do not reside in the UK and pay a TV license. You can access the streaming VOD service as a subscriber from your tablet if you have traveled to Berlin, but you can’t subscribe to it as a German resident.
Because INAL I can't give a definitive answer, but here's how I understand this.
Firstly regarding the example: One can't compare selling (digital) goods and some subscription service. That are two quite different subjects.
Secondly: The EU wants to further extend this "one digital market" thing as soon as possible. The aim is to regulate exactly things like Steam. So the law will be more precise in the future.
I'm quite sure something like region codes would violate the idea of "one digital market". So if nobody manages to get some exceptions in favor of Steam-like businesses into the laws region codes (or similar) won't be a solution (at least in the long term).
>Because INAL I can't give a definitive answer, but here's how I understand this.
Firstly regarding the example: One can't compare selling (digital) goods and some subscription service. That are two quite different subjects.
You don't need to be a lawyer there is no difference in their view between sub to view and buy to view, or between movies, tv-shows, ebooks and games it's all "audiovisual content".
>Secondly: The EU wants to further extend this "one digital market" thing as soon as possible. The aim is to regulate exactly things like Steam. So the law will be more precise in the future.
Precision doesn't have anything to do with it, there is the issue of copyright law differences between various member states, EU copyright directives, conflicts with primacy issues, bilateral agreements of the EU and individual member state with other jurisdictions and the entire existing industry.
You also need to understand what unjustified geoblocking actually means, if you run an online store in a memberstate you are not obligated to ship to the entirety of the EU, to provide service or support to other member states or in languages other than your own. You however cannot arbitrarily discriminate by for example refusing as a Polish shop to ship to a shipping address in Poland if someone is paying with an Estonian debit card with an Estonian billing address it does not however mean that you have to ship to estonia, have to have to provide support in estonian or have to warranty the product in Estonia if an Estonian buys it in Poland and goes back home.
People tend to really exaggerate the implications of some of these EU directives if that was the case there would be no fucking business in the EU anymore other than Amazon... read the full instructions don't extrapolate from the widest possible interpretation of a headline.
Doesn't seem too bad. It mostly says that consumers have to be able to buy stuff, from any country in the context of websites having different portals per country.
The biggest issue is around Russia (and few others) where games are a fraction of the euro price. They're not in Europe.
Probably some loopholes around currency and/or language. A game bought in euro must be sold in euro. A game is German or French or Polish only. There are already different editions for wild reasons, for example Germany has a no-gore policy so games have a German edition with bloody content removed.
You can still lock things out depending on licensing, you can’t just do it arbitrarily and unfairly.
If you do not have the right to sell outside of a member state, or the rights to sell within a specific member state or for example have restrictions on your content imposed by member state you can still restrict access.
However most of these restrictions don’t apply to games really since the publishers tend to grant full distribution rights to online platforms.
It’s only really a problem for movies and TV shows.
I'd think movies and TV shows are the least affected. It's licensed by language and even if it wasn't, it's totally worthless to try to navigate an alien website to view a movie in a language you don't understand.
Movies and TV shows are the most affected because they are often secured for a specific distribution scale especially for the initial broadcast and VOD.
It's pretty common these days to have movies release sometimes at the same time as cinemas on certain premium VOD services and nearly always at least a few months before the wide scale home video release these deals not only cost a big premium but also negotiated exclusively for a specific country.
Movies are in english anyhow, even with dubbing the original language is always available subtitles are often available in multiple languages too not everyone in France speaks french, and many European countries are multilingual.
So I don't know what content is licenses by language but it sure as hell not TV and movies, for example HBO is broadcast exclusively in the UK through Sky whilst in France by OCS (Orange) and in Belgium by Proximus (BeTV) so the French dubbed version of Game of Thrones would be available for streaming exclusively during its broadcast period on (at least) two different services which cannot cross borders, Switzerland has probably it's own service I would guess that Luxembourg might be piggybacking on Belgium since BeTV is available there but I can't be arsed to check.
And if you care for the english language then it's available in nearly every EU country for it's initial broadcast run through different distributors which all have an exclusive right for the show in their own country.
In France, movies cannot be released concurrently, see "chronologie des medias" literally timeline per medium. It takes up to 3 years after theatrical release to be allowed to distribute to all other mediums.
Movies and tv shows are ALWAYS in the local language. The fraction of population speaking English in germany/france/spain/italy/etc is incredibly small, all content is and need to be localised.
I wouldn't worry that people will start watching (English) shows from service in other countries because it won't happen.
The prices on Steam vary quite substantial between regions / countries. Depending to which country an account is linked to the price for the same content may be only a small fraction (down to single-digit percentages) of the price called out elsewhere.
If there would be a free market for "second hand" Steam licenses, and those licenses could be freely transferred form low price regions to high price regions, Valve couldn't uphold its artificial price structure any longer. I guess they don't like this idea.
Even if Valve finds a way to avoid allowing second hand sales between arbitrary counties they might get in some trouble even with this ruling now: I guess they can be forced to allow second hand sales between EU countries with this ruling (because of properties of the trading union). But AFAIK there are also price differences between countries inside the EU. A free second hand market will likely put an end to this.