Boo-hoo mommy, nobody's buying my games

Try making better games instead...

12 years ago*

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Hmmmm not so much crybabies in my opinion as much as greedy businessmen, who want everything their way to make loads of money.

12 years ago
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I think you've confused "making money" with "greed".

Making money is by making a game we actually want to purchase, rather than the shovelware crap THQ has only recently started to renounce, and then selling it to us at a fair value. I actually own most high-profile THQ games because in general they're actually pretty good about this; THQ is far better than "$15 rehashed maps for your $60 rehashed game" Activision, "always-online DRM" Ubisoft, or "do I even need to say it?" EA.

Greed is wanting to earn wealth you haven't fairly earned, such as by attempting to kill off a legitimate competing market and deny a consumer's right of first sale in an unfair manner to protect your profit margin.

And really, this guy is just trying to shift blame off of himself, which pretty much everyone does. It's pretty well known that THQ had and still does have some epic mismanagement issues.

12 years ago
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Indeed, you do have a point here. Perhaps, I should replace "making money" with something like "ripping money off everything and everyone they can".

I also do not see THQ as "evil" in general. I mean, they published Warhammer 40000 series and other good games.

I think unfair play is something many businessmen tend to do unless they are strictly controlled. That is what is happening to publishers as well. And one of the most beloved "unfair bunsiness" strategies is monopolizing the market.

I think second-hand sales killing something something (remember how limited number of online activations effectively started to reduce the second-hand market) is just another excuse for shifting the blame (yes, I agree with that as well) and lobbying one's own interests.

12 years ago
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But that is true. The publishers / developers get no money from used games. It's comparable to piracy, really, except for the fact that greedy Gamestops gets money.

12 years ago
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That's true, but it doesn't mean the market as a whole is actually dying.

Besides, consumers have a right of first sale. They have and should have a right to sell their own copy of a work if they buy it. The only greedy thing Gamestop does is massively under-pay and over-charge for these things, which is why I don't do business with them.

12 years ago
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You have the right to use the product (game) you buy, but not sell or distribute it further. Also, the ownership is still in the hands of the publisher, not the consumer.

12 years ago
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But that's not how it should be. And there IS legal precedent to say that if a EULA is sufficiently abusive of a consumer's rights, it may be tossed out or amended by a court.

If I buy a book, I have the right to read that book, and the right to SELL that book. Not to distribute new copies of the book, but to sell that specific copy.

If I buy a DVD, I have the right to play that DVD and I have the right to sell that DVD to someone else if I no longer want it. In DVDs specifically, this right was reaffirmed by the US court case NEBG vs. Weinstein, which held that the first-sale doctrine did apply to DVDs. I see no legal reason why games should be different.

What makes games different from, say, DVDs?

Edit: I also suggest reading up on two US Supreme Court cases, Bauer & Cie. v. O'Donnell and Bobbs-Merrill Co. v. Straus.

Oh, and some states (including my own, Maryland) recognise a sale of a copy of software as a purchase at the point of sale, which infers the rights of an owner of a copy, including the right to resell that copy. And if a EULA is not disclosed prior to the sale, that EULA may be considered unenforcable. Now, I don't know about you, but generally, I only see EULAs when I pop a disk in for the first time and have to click "agree" to install the game - as in, well after I purchased it. Or at the least, there's a legal blurb on the insert inside the game's case - which still generally means you've opened it already, which you generally can't do without buying it first (or at least, I get funny looks at Wal-Mart when I open electronics cases in the aisle, and they don't seem to believe me when I tell them I was interested in the legal notice).

12 years ago
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THQ is in the hole and on the verge of death they've got to find someone to blame for their short comings.

12 years ago
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Try Brian Farrell (CEO)

12 years ago
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Everyone knows the uDraw GameTablet is responsible for the losses.

12 years ago
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That's funny - I buy all my PC games new (and I've only ever bought one for the MP.)

Maybe if console games weren't so wallet-raping expensive this would be the case there too.

12 years ago
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Closed 12 years ago by Kappei.