Steam: For or Against

[lukertin]

Just don't hold your breath when you ask Microsoft for your money back..... :confused:

You aren't going to get your money back. That isn't even within the realm of possibility.

 

Also, I question the necessity of Steam to run any game purchased via Steam. Can't you just nav to the folder and run from there?

Edited October 11, 2011 by lukertin

[Aurielius]

Just don't hold your breath when you ask Microsoft for your money back..... :confused:

You aren't going to get your money back. That isn't even within the realm of possibility.

 

Also, I question the necessity of Steam to run any game purchased via Steam. Can't you just nav to the folder and run from there?

Short answer...no unhacked method that I am aware of. And for the powers that be, that is in no way a approval of hacked versions.

[lukertin]

Short answer...no unhacked method that I am aware of. And for the powers that be, that is in no way a approval of hacked versions.

o_O

 

That is very interesting. I shan't be using Steam anyway. I recommend you all to try Impulse, it's another digital distribution method and it does not tie itself in with your game install (other than function as a patch update node).

 

I only used Steam to play HL2 games, so im out of the loop

Edited October 11, 2011 by lukertin

[HeyYou]

This is an email that was sent to various governmental agencies, attempting to intiate action against valve/steam. Has some very good points in it. I did not write this, but, I fully support the authors intent.

 

Valve Corporation of Bellevue, Washington bills itself as the world's largest Digital Distributor (DD) of software products. It markets games exclusively and claims to have 80% of the online gaming market, with 30 million users and over 1,500 games available. It is a privately held corporation, thus has no stock offerings, nor has it announced an IPO yet. Estimate of annual profits are in the $100-150 million range.

 

Valve sells other companies' game software products and a few of its own via a service called Steam. Steam consists of a small downloaded client on the customer end, and a server and distribution infrastructure on Valve's end. It acts as a distribution, version control, patching and and DRM (Digital Rights Management) system. (Wikipedia's article on Steam) While it is running, the Steam client also displays advertising for other games, to be purchased through Steam, and allows social networking of customers.

 

Until recently, Valve sold its software online via Steam. Customers set up a Steam account online, paid for the games via credit card or other electronic means, installed the Steam client and then downloaded the software through the Steam client. The terms and conditions of purchasing indicate that the games are not transferable (resellable) to anyone else. The purchaser is able to download them to more than one computer but they may only be used on one computer at a time.

 

However, in 2008, Valve introduced a platform called SteamWorks. Here is a list of current and upcoming Steam and SteamWorks titles. What SteamWorks does is to convert a purchased, physical DVD-ROM game into a Steam game, no different than one purchased and downloaded completely online through the Steam service. When the customer purchases a SteamWorks game, it may not have any indication on the box that it is one. There are usually no Valve or Steam logos, though the box art may display logos of all of the other technologies present in the game. If there is any printed indication at all, it may be in very small print and only on the back of the case. When the customer installs the game, it requires an internet connection, even if the game itself does not. The customer must install the Steam client if they do not already have it installed, then create a Steam account if they do not already have one. The customer is then required to provide the DVD key from the printed documentation in the DVD case. What this does is attempt to prevent the reselling of the DVD. Steam calls even a purchased, physical DVD edition of game software bought from a store a "subscription" according to the Steam Subscriber Agreement:

"Valve may offer or require a Subscription for purchasers of retail packaged product versions or OEM versions of Valve products. The "CD-Key" or "Product Key" accompanying such versions is used to activate your Subscription." This arbitrary retitling of a physical DVD media product as a "subscription" is contrary to the fact that it is inventoried, taxed and regulated as a complete and functional software product.

 

The DVD key activates the game in the purchaser's Steam account. It cannot be unactivated. Steam prohibits the selling of the account:

"You may not sell or charge others for the right to use your Account, or otherwise transfer your Account."

Thus, Steam prohibits the sale of a lawfully purchased physical media piece of software, in addition to digital-only purchases.<br clear="all">

Specific violations that these practices may be incurring

 

Violation of commercial law regarding contracts and post-POS terms and conditions, deceptive marketing and possibly fraud: The customer who purchases a physical SteamWorks disc game software product is not being informed, prior to the conclusion of the transaction, of the non-ownership of the product and restriction of resale, nor in many cases of the requirements of registration, internet activation, or perpetual periodic internet re-authentication these products require. Fraudulently, the customer is being told after the conclusion of the transaction that they did not purchase the product, but that it is actually a "subscription" with no set expiry date or term length, which is perpetually monitored over the internet, and can be taken away from the customer at any time, via account closure, without reason given or recompense. This is in contrast to fully owning a stand-alone product which does not require continuous re-authentication to use that may only be taken away via due process of law. Many customers, myself included, specifically purchase physical disc copies of products rather than online digital copies precisely to avoid restrictive, unethical and possibly illegal DRM schemes such as Steam, and now this choice has been removed. For a lease or subscription, a contract or agreement must be signed prior to conclusion for it to be legally binding. This is not occurring with SteamWorks disc purchases in a retail environment or online. The customer may only finds this out when they receive the product at their home, unwrap it and install it. By this time, it may not be returnable if they do not agree with the conditions as many retailers will not accept returns of opened software, some even unopened. The terms and conditions on Steam's Subscriber Agreement are more than mere abstractions, and Valve Corporation is well-known to occasionally arbitrarily deny a customer access to their entire account of purchases with no reason given.

 

Violation of the Right of First Sale: Under the Copyright Act of 1976, 17 U.S.C. § 109, upheld by UMG vs. Augusto a purchaser of a copyrighted data disc is the owner of that disc and that copy of the data on it, and may resell it at at any price that the free market will bear. Valve's restriction on resale by claiming that they still own that copy of the software product, and arbitrarily and purposefully causing the resold product to no longer work though it has not changed at all, is illegal.

 

Price-fixing: By illegally restricting the free secondary market of used software game discs, Valve Corporation is able to fix the price of game titles; any price may be set as used copies are prevented from entering the market at a lower price to compete with the new copies. As confirmation of this, both digitally distributed new-release game "subscriptions" purchased through Steam online and SteamWorks physical media versions of the same titles on a printed DVD with a printed sleeve, case, envelope and often included postage are the same price. References can be provided of specific titles and prices if requested.

 

Anti-competition: The illegal restriction of the free secondary market of used software game disc market to prevent the competition of used copies entering the market is damaging retailers that sell used games and other software products. Two examples of these retailers are GameStop and Amazon. As well, often without their knowledge, retailers sell SteamWorks-enabled discs that then install the Steam client on customer's computers; it will then advertise games to be purchased through the Steam service, not through the retailer. The retailer is thus being forced, often without their knowledge, to enable advertising for their competition, which is an anti-competitive bundling practice. A consortium of British retailers refused to stock SteamWorks games due to this practice.

 

Violation of the Sherman Antitrust Act: Valve corporation is also a software developer and publisher of its own game titles, as well as publishing those of other companies as noted above through the Steam and SteamWorks distribution systems. Valve is thus entering into agreements with its competitors in order to fix the prices of products, archetypal cartel behavior that the Act was designed to prevent.

 

In conclusion

 

Steam is advertised as a DRM solution that prevents illegal copying aka "piracy", but it hasn't done this for many years. The gaming community's general consensus is that SteamWorks was only created to illegally stifle the secondary market of used software discs. Every Steam and SteamWorks game of any significant success has been cracked, sometimes within hours, occasionally even before release, and illegal copies or cracks to enable playing without authentication can be found in a few minutes on the internet. Because it is so easy to get an illegal copy with zero restrictions on it, and SteamWorks hinders the rights of paying customers with restrictionsas well as enabling illegal business practices by Valve Corp., it and other DRM schemas are actually driving customers to acquire illegal copies, the opposite for which it is stated to be intended for, or just to avoid purchasing SteamWorks-activated game software discs altogether. Thus it would probably be of economic benefit if these restrictions were alleviated as noted.

 

If action is possible against the business practices and policies of Valve Corp., it should be initiated as soon as possible. Valve's SteamWorks platform is growing exponentially in popularity in the gaming industry; over half of upcoming titles have been confirmed to use SteamWorks. It has been rumored that Valve's exponential growth is about to result in an IPO. This scenario will infuse Valve with capital which could be used to resist litigation.

 

I have kept this letter brief to avoid wasted effort should it end up unread or trapped by a spam filter, for example. I would be more than happy to provide further details and data regarding the above; please do not hesitate to ask. If a reply to acknowledge that this mail has been read could be forthcoming, that would also be much appreciated to prevent my resending it until it is noticed.

 

[lukertin]

That guy's entire legal basis for instituting action is faulty, but I'm interested in where this goes...(a quick read over to the 1 case he cites in support of his argument doesn't apply because it regards sale of non-licensed data, i.e., music, whereas it is generally recognized that software is software and you do not buy a copy of the software when you buy a disk containing the software, but a license to use the software)

[HeyYou]

That guy's entire legal basis for instituting action is faulty, but I'm interested in where this goes...(a quick read over to the 1 case he cites in support of his argument doesn't apply because it regards sale of non-licensed data, i.e., music, whereas it is generally recognized that software is software and you do not buy a copy of the software when you buy a disk containing the software, but a license to use the software)

 

If you buy a music CD, you can turn around and sell it, and not give any money to the copyright holder. You can buy a car, and turn around and sell it, and not give any money to the original manufacturer. Why is software different? If I buy a copy of the disk, I should be able to sell THAT disk, to someone else, and it should still work for them just fine. With Steam games, that is not the case. It totally destroys the secondary market.

[lukertin]

If you buy a music CD, you can turn around and sell it, and not give any money to the copyright holder. You can buy a car, and turn around and sell it, and not give any money to the original manufacturer. Why is software different? If I buy a copy of the disk, I should be able to sell THAT disk, to someone else, and it should still work for them just fine. With Steam games, that is not the case. It totally destroys the secondary market.

I don't make the laws, why are you asking me why they are what they are? You realize that reselling computer software is generally illegal, right? You cannot do it with Windows, or MS Office, or Mac OS why do you expect it is fine for games?

[marharth]

Err, its not illegal. There are entire gameshops that run off reselling older games that have in turn been resold to the shop.

[lukertin]

Err, its not illegal. There are entire gameshops that run off reselling older games that have in turn been resold to the shop.

Name one.

[marharth]

Used to be a game shop around the coasts of the US called play'n'trade that ran almost completely off people selling their games to them, and them reselling them.

 

Also gamestop buys and resells games.