This article is solely the opinion of the author, and does not necessarily reflect the opinions of TheSixthAxis, its staff or owners.
Hello dear reader, my name is Josh and I write news and the occasional feature here at TSA. Apologies for the interruption to your regular schedule, but I wanted to briefly talk about something that grates with me as a regular reader of posts, comments, and forums around the web. I’ve seen many people (not just here) beating down the “pirates that ruin the game industry” and yet being very positive about pre-owned games.
So here’s what I have to say: buying pre-owned games is just the same as piracy. Here’s why:
First and foremost, I’m not saying that everyone who has ever bought a pre-owned game is a pirate and should be immediately locked up, and I’m also aware that a lot of people, myself included from time to time, buy pre-owned games. But I want to say before I start that just because we do it, doesn’t mean it’s okay, and I think it’s best in the topic of argument to take a step back and think on a less personal level.
Obviously, second-hand sales of DVDs, games and whatever else have been around for many many years, I’m clearly not going to deny that, but precedent doesn’t make it right. Let’s look at it this way: if you buy a game, new, at retail or online, the retailer, developer and publisher all take a cut of what you pay. That seems fair, right? If you download a game from a torrent site, none of those three take anything, which I think we can agree is unfair.
Okay, so lets say I download the game, as a torrent, but from a paid members-only site, that’s still piracy and that’s still wrong – even though I strictly-speaking paid for the file, the makers got nothing. “But the retailers have to pay for stocking and transportation of the aforementioned pre-owned games,” I hear you cry. Sure, I can go with that, but when I torrent the file there are no stocking or transport costs, so I shouldn’t actually have to pay anything.
Then you have the two main supposed positives of pre-owned sales for the makers of the product: promotion and retailer partnerships. Some claim pre-owned is acceptable because it gets the name of the product out there for someone to then buy maybe a sequel or other game by the companies behind it – yet surely that’s just as true for those that pirate the game? The only real benefit for pre-owned for a developer/publisher is that by not kicking up a fuss about it, they keep their games in stock at retailers and therefore get them sold out to customers.
Basically, game-makers are blackmailed into staying passive with regard to pre-owned because otherwise they’ll get screwed over by retailers.
Once again, I’m not claiming everyone is an evil person, I’m just saying that piracy and pre-owned are really very similar from the point of view of a game-maker. Therefore I see no reason why online passes or anything equivalent should be a problem for anyone who appreciates the games they buy, because at least the developers and publishers at least get some financial support to actually continue doing what they do. That is all.
Feel free to discuss/argue with me here, or you can also find me on Twitter at @joshlhood or even e-mail me at josh [at] thesixthaxis [dot] com if you wish to have a more private conversation on this topic. Thanks.
Image: Edge.
Awayze
Buying preowned isn’t piracy,
quinkill
that’s not what the article is saying exactly
squashme
yes it is its exactly whats its saying
quinkill
read it again…
“First and foremost, I’m not saying that everyone who has ever bought a pre-owned game is a pirate”
squashme
i dont need to read it again you obviously do Josh is saying the pre owned market is piracy and it just isnt
quinkill
well it’s only an opinion!
jayjay119
It’s even in the title
squashme
here here
Opinion: Pre-Owned Is Piracy
he needs to provide proof if making a claim like that and doesnt have any buying a game pre owned doesnt make you a pirate
quinkill
proof of an opinion? hmmm I don’t think so, however much you disagree.
squashme
its not an opinion its a claim and he needs to provide proof to support it which he cant do
Awayze
It says opinion but Josh is clearly trying to claim that it is piracy because the developers don’t get any money when a preowned game is bought, which is same as downloading from a torrent site.
Once the game is your, its yours, you do what you want with it. This article is totally stupid, why should the developer get money AGAIN on a game they already made a profit on? Also a person who starts a sentence with “Okay” or “Ok” can not be taken seriously.
squashme
he still needs to provide proof thats it piracy though
squashme
how is a pre owned game piracy ? of course it s not id like to seem strong evidence to support your claim that is the game has to have been distributed on the internet to deem it piracy buying a pre owned game isn’t its bought through legitimate channels adhering to all the laws the pre owned market is nothing illegal and has nothing to do with piracy
teflon
That’s not what he’s saying. Yes the title is “Pre-owned is piracy” which is rather sensationalist, but what he really means is that pre-owned ostensibly hurts the developers and publishers just as much as piracy does, since they get no proceeds from the second sale.
Of course that’s somewhat cut and dried, since pre-owned helps to get money back to the consumers so that they can go and buy a new game, and it keeps retail stores open, which is where a lot of game sales still take place etc. etc.
squashme
sorry but thats exactly what hes saying which is just not true at all he needs to provide some strong evidence to support his claim pre owned games is not piracy.
I bought FO3 GOTY edition pre owned (just out of spite mind) that doesnt make me a pirate does it ? no it doesnt because I bought the game through all the proper channels
3shirts
I think you are getting a bit carried away with the title. As teflon says, the title is a little sensationalist to get the discussion going but he’s not actually suggesting pre-owned is against the law the way piracy is. He’s just drawing a few similarities in order to support the argument that pre-owned is a bad thing for the industry.
squashme
aim not getting carried away with he is clearly claiming that pre owned is piracy when its not he even says so in the title for gods sake he cant make a claim like that without any proof whatsoever
3shirts
No. The title says “Opinion: Pre-owned is piracy”
Opinion –noun
1. a belief or judgment that rests on grounds insufficient to produce complete certainty.
2. a personal view, attitude, or appraisal.
He is not saying anything as fact, just stating a personal view! How about you stop harping on about proof and just discuss your own opinion on the topic.
squashme
no he is claiming that its piracy without any proof get your facts right its a claim
squashme
he even states buying pre owned games is just the same as piracy he is stating it as fact read the damn post
anonymus212
Well, because of this I think online passes are a great idea. The game itself is sold pre-owned to a 2nd person, this is ok because the publisher made the 1 disc and got paid for that and it is now being transfered. However, the publisher is providing an online service, this is not paid for by the pre-owned buyer as they have purchased it without the “new-only online pass”.
Therefore, the pre-owned buyer must pay extra if they want the “brand new, non-used” online service.
I think it is fair they get a cut for providing the online service.
Asdafers
How about this – it’s still only copy of the game accessing the server so why should the publisher get 10 times the money for supporting a single connection at any given time?
SpikeyMikey23
Totally agree with this. Jim has sold his copy so cannot access the severs anymore. Bob bought the copy and now he access’s the servers, still the same copy, and one person accessing at a time
mcphatty
Well said mate! This is probably one of the biggest cruxs of the issue, paying for the upkeep of a game’s online mode. DLC and Online Passes seem like a good way to ensure revenue from a game rather than leaning 100% on retail sales.
Awayze
To provide an online service, there must be dedicated servers and not P2P where PSN or XBL connect the consoles.
hazelam
if they’re gonna start charging players to play online, are they gonna start hosting the games? or will the players continue to host the games.
i think we all know the answer to that.
and the problem i have with online passes, is that they won’t stop there.
if people accept this then they’l take the next step sooner or later, and tie the whole game to a single user.
if that’s the future of console gaming then i want no part of it.
and i wont be alone in this exodus.
and ea have shown they are more than willing to take away your ability to play games you’ve paid for, even single player games.
greed caused the last big games crash, it will do it again if things carry on as they are.
Erroneus
yeah…. no
If a game can’t be financial enough from retail, DLC and online-activation codes, then that game is simply just not good enough.
The only reason why this whole preowned debate exists, is because publishers like Activision was pissed about people buying a game like COD4 and then playing for years. Greedy!
gazzagb
I can understand how the Devs and Publishers are missing out as I said yesterday, but I still can’t see how it’s as bad as Piracy. Selling and buying things second hand, and for many, is a must especially in the current economic climate. I can’t see the connection with pre-owned and piracy, that’s like saying eBay and Pirate Bay or Limewire are exactly the same – they’re not. What about buying second hand cars? Is that the same as stealing the car? The Manufacture gets no money from it, so going by your logic, stealing is no worse.
That’s effectively what I don’t understand about your view. I see your point that the Devs and Publisher miss out of the profits of the resale, but do they have a right to deserve any?
Forrest_01
Personally, I have no issue with devs./pubs wanting to get in on the pre-owned pie – However, they should be targeting the stores making all the profit & not the consumer.
We just get it in the neck (or the wallet more likely) because we are easier & they go through less court cases trying to get our money.
I would also like to add that i buy pre-owned sometimes & the term ‘arr’ does go with my westcountry accent, but i am not a pirate. Or a ninja.
JoshHood
Wow, I’ve just got back from a trip expecting to see a couple of comments and I’m blown away. Every time I go to reply to a comment someone has already made my point! I’m just going to try and go through and address everyone individually.
Galgomite
SOMEONE bought the game legally to begin. It’s the same as buying a used car, and while it’s fine to debate, buying used items has not historically been illegal.
DJ Judas
People are entitled to sell what it is that they own, to my knowledge games are the only industry that takes issue with buying second hand, but I believe its rather the principle of business making large profits from being the middle men of the process. The used car salesman is a good parallel, the defining issue though is that the gaming industry declares that it is struggling as a result.
Perhaps the industry itself should take a step back and think about why they struggle against the pre-owned market rather than trying to put an end to it.
DJ Judas
Also, I don’t buy pre-owned, but I do sell them on. Is this not my right?
squashme
if they are indeed struggling then need to make some good games and take advantage of the tech offers them and support their games clearly 99% are just not doing that so thats their own fault
3shirts
I honestly don’t believe it’s that big a problem, rather that with online gaming becoming such a big deal this gen (on consoles especially) they have found a way to make more money with online passes.
mcwildcard
Poorly written and conceived piece, did you even spend 5 mins thinking it through?
If I sell my car, should a portion of the money I get go to the designer of the car?
Of course not, that’s stupid.
When you fork out for a game, you are buying the media and a licence to play it, that licence is yours and you should be able to transfer it to who you please.
It’s piracy when you duplicate that licence so more than one person can enjoy it at the same time, not when you transfer it.
For the record, I happen to agree with the online passes, as they offer a service in addition to the game itself (unless that game is online only of course).
3shirts
How does an online pass offer an additional service? If you buy the game new you get the online included. What they are effectively doing is crippling half of the game and then charging to get it back, not giving you anything more
hazelam
what they’re doing is deliberately devaluing your property if you want to sell it on.
that’s half a step away from price fixing.
somebody will bring a case to court over this one day.
mcwildcard
Total life costing is an important part of selling any product that includes a symbiotic service.
They could get a decent estimate of the server usage per customer from testing and focus groups.
This is all taken into account in the business case, which is an important part of the pitch to the publisher. Every time the game is sold on, out eats into those calculations, as a new user is going to be using the servers for a period of time outside of the original costing, but with no extra income to support it. Publishers are now wise to this, so pitches are tougher for devs unless they have a model that assures the server costs will be covered no matter what the long term usage.
Theres no doubt that some decent games would fail at the pitch stage without the online passes now, which is why I’m all for them, as I’m a fan of supporting the industry, especially when it comes to obscure games that deserve a chance and could never get made otherwise.
3shirts
The ‘new user’ is not additional though. The previous owner is no longer using the server so the new person is just taking over whatever usage the previous one had.
Also, the vast majority of online games, especially on PS3, are P2P anyway. The server load per user is minimal.