![]() ![]() In order to understand the potential magnitude that UsedSoft may have on the European games industry, it is important to recognise the historical differences between the rights that you would obtain when you purchased digital games and boxed product games as it is these differences that may be affected by UsedSoft. Historical differences between digital and physical rights PC Box, suggests that UsedSoft may be quite limited in effect and may not apply to digital video games. ![]() However, recent comments made by advocate general Eleanor Sharpston in light of another case referred to the CJEU, Nintendo v. ![]() Oracle case, the issue of whether the Court of Justice of the European Union's (CJEU) decision in UsedSoft could be applied to other digital goods such as games purchased on a download-to-own basis remained uncertain. Whilst the legality of such restrictions was successfully challenged in relation to computer programs in the potentially ground breaking UsedSoft v. Restrictions which prevent consumers from freely selling on digital games have for some time been a source of frustration for consumers, particularly given the well-established second hand market that exists for boxed product games. ![]()
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