Do the producers of the games sold second-hand on sites like Amazon get royalties?

[Edelward]

It always puzzled me - for in aggreement u only get right to install the game and play it - not sell it by any means .So how this second-hand dealers do operate?
So i presume that Amazon while selling games acts like solely as Abandonwares sites-since their trade is miniscule it more expansive to start the suit for real owners?
But i really'd love to know how this thing works-for now there's a number
of games which yet hold audience but are not produced by anyone.

[Thanatos]

I'm not sure what Amazon has as a contract with its suppliers.

[Edelward]

Interesting

[Neb]

Isn't amazon a retailer just like gamestop or EB? I think they're authorized to distribute the game just like a regular store. If you're talking about person to person sales like EBay or somesuch, it would depend on the EULA as to whether you're allowed to sell the rights to use the software or not. But it's never illegal to sell the disc itself, as you own that just like you own your shoes.

The EULA issue is a tough one though, and probably a case-by-case sort of thing.

[Darkarbiter]

Isn't amazon a retailer just like gamestop or EB? I think they're authorized to distribute the game just like a regular store. If you're talking about person to person sales like EBay or somesuch, it would depend on the EULA as to whether you're allowed to sell the rights to use the software or not. But it's never illegal to sell the disc itself, as you own that just like you own your shoes.

The EULA issue is a tough one though, and probably a case-by-case sort of thing.

You can't put in a contract that your not allowed to sell the game second hand and it be legally valid in many countries.

In effect second hand games is just like piracy.

1. It means that the developers don't get the money from the people who buy second hand instead of new.
2. It means the new games have to be sold at lower prices

[Odovacar]

In effect second hand games is just like piracy.

1. It means that the developers don't get the money from the people who buy second hand instead of new.
2. It means the new games have to be sold at lower prices

Disagree. In theory the person who sells it can't use the game after he sold it. (In practice it isnt always so, of course)

So, only one person actually has the game at one time. The developers received their payment from Joe, now Jill own the game and Joe not.
But 1 person has it and devs got 1 payment. Why is this piracy?

Piracy is when I sell the game (the dvd) but keep the information and use it. Piracy is when I copy a game for my buddy or myself.

In today's world soon we have to get a licenc for the air we breathe, or have to pay for reading Shakespeare's work by letters, to his 123th descendant, who himself never worked a day.

[Kanaric]

If your talking about the used games they sell the publisher gets no money.

Otherwise Amazon buys the games as wholesale, and that is the money that the publishers get as they are the wholesale company for the game.

[Serious J]

Used games sold in game shops such as EB games, gamestop and the like contribute no money to the developers or the publishers. As for Amazon? No clue, but if they do have to pay someone, it will be whoever owns the property rights. Just because the developer/publishers are gone, doesn't mean nobody owns the rights to it.

In this world, you'll be lucky to find a rock on the ground that isn't owned by someone, let alone an intellectual property.

[Zuwxiv]

When the games are initially bought (as in once they are out of the factory) the developers get the money. But after that, it's all between customers and retail.

This is because the intellectual property ownership is for the information on the disk, not the disk/box/manual itself. The user must agree to the License Agreement to install that program.

(Apple has been known to have a few funny comments in their own legal agreements.)

This is part of the problem that faces current digital-based intellectual rights: they have both a physical as well as an intellectual ownership. Just look at music CD's to see what a difference it makes!

[the_mango55]

(Apple has been known to have a few funny comments in their own legal agreements.)

Bahahaha

"I agree not to use iTunes in the construction of nuclear or biological WMD's"

[Thanatos]

Bahahaha

"I agree not to use iTunes in the construction of nuclear or biological WMD's"

But.... but.... what if I want to listen to songs while I build them?

[Odovacar]

But.... but.... what if I want to listen to songs while I build them?

Thou shalt not listen to Eric Clapton when building Wmd's....
(BibleXP Revised Edition, 2017)

[roy34543]

Its actually, and surprisingly valid, its illegal to distribute a voice-file that explains how to build weapons, which has actually been done several times.

[Darkarbiter]

Well theres only one person at a time using it but its still lost sales. Then ofcourse at the same time its also protecting the consumer because it means developers are less likely to make crappy games.

[dwringer]

Disagree. In theory the person who sells it can't use the game after he sold it. (In practice it isnt always so, of course)

But that person obviously didn't want to play it anymore, anyway. Someone else does. That's two people who should have been paying customers.

You can't eat a burger, then crap it out and sell it to someone else who's hungry.






Okay, that analogy was messed up.

[Odovacar]

But that person obviously didn't want to play it anymore, anyway. Someone else does. That's two people who should have been paying customers.

You can't eat a burger, then crap it out and sell it to someone else who's hungry.

Games are rather like books.
I can buy used books. Most likely someone did already read them....so I rip off the author?

[Darkarbiter]

Games are rather like books.
I can buy used books. Most likely someone did already read them....so I rip off the author?

No, but its just as bad (possibly lost sale) as pirating a game when you wouldn't have bought it anyway.

For instance theres a few cds that cost around 150 euros on ebay from record labels that have closed shop since 2001-2003. How much of that money is that label going to see? None(infact me buying it would probably push up the price a little bit meaning someone else can't have it... which may as well be stealing/piracy)! Same with how much game makers make when their games are sold second hand (I believe someone mentioned that game makers no longer put in cheats as often becuase it means the kiddies go through the game quicker and end up selling it second hand earlier). Only its worse because its also a lost sale.

Although buying it second hand isn't as bad as pirating a game (since you can only give the game away once) its still only half as good as supporting the developer. For instance if I was buying a game (twice or whatever) just to support the developer it'd be a stupid idea to buy it second hand.

[Wibbler]

You can't eat a burger, then crap it out and sell it to someone else who's hungry. Okay, that analogy was messed up.

A better analogy would be the aforementioned book one, or perhaps a car. The person who originally bought the car isn't using it anymore, so why can't they sell it and recoup some of their investment? If everyone bought games first-hand, nobody would be able to get some money back on the games they didn't play for very long. If anything it encourages developers to make good games, so there'll be less available second hand and people have to buy them first hand. Walk into a game shop and look at the preowned games available, how many of them suck?

[Darkarbiter]

If anything it encourages developers to make good games, so there'll be less available second hand and people have to buy them first hand. Walk into a game shop and look at the preowned games available, how many of them suck?

Eye, thats why I think its a good thing overall. However for games where I thought it was good enough to warrant the dev getting a maximum amount of my money possible I'll buy first hand (and avoid the retail system also).

[Captain Arrrgh!]

Amazon I don't know, but they do not get royalites from games sold second hand from EB, or games sold by individuals on ebay, etc.