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Not being a game console owner, I was confused when rumors swirling around both the new Xbox and PS4 hinted neither would be able to play "used games". The PS4 rumors hinted that they would not be able to play PS3 games, except as a download.

Does this mean no used discs from a local store would play? How could they limit this?
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"How could they limit this?"

Technically or morally/legally?

Technically when the game is used it would be registered to a licensee and then be non transferable in the ULEA the users clicks through. Trading the disc is useless if it's permanently node locked to a console.

I'm not sure if 1st use doctrine applies to games as it does to music & video media. It seems it does not apply to foreign sourced material and the publishers may exploit that for games FAIK:
http://www.brdwlaw.com/blog/2011/08/first-use-doctrine-does-...

Consumers who are ok with non tangible media will suffer increasing restrictions compared to the past (anyone miss their Atari cartridges & being able to trade them? Only the irrelevant generation of users like me).
B
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Thanks for that explanation. Sony, who released a product that wasn't there, or revealed, had rumors everywhere that you could play PS3 games on the PS4, but not via disc, only download.

The latest rumors about the new Xbox, only hint at the used games. I've heard the Xbox will have Blue Ray, and presumably a different processor, much like the new PS4.

It just seemed strange to me that once again, ala Sony, the industry would put so many roadblocks in front of customers. Your comment on "non tangible media" rings true in all of softwaredom.

I think both companies are trying to build a larger base by attracting non-gamers as well. One of the things that helped spur the sale of the newer consoles is used games.

I'm pretty OK with not having a game console at all ;)
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I'm not sure if 1st use doctrine applies to games as it does to music & video media. It seems it does not apply to foreign sourced material and the publishers may exploit that for games FAIK:

It's in the hands of SCOTUS now.

Supreme Court Copyright Case Could Change Nature of Ownership

The case, considered one of the most important intellectual property matters to come before the high court, concerns the "first sale" doctrine in copyright law—a concept that leaves owners free to resell, lend, or give away copyrighted items without permission from the copyright holder. The doctrine has long been interpreted as one that applies to all goods, regardless of where they originated. But book publishers, software companies, and the movie and music industries, looking to protect their practice of setting different prices for different markets, argue that the doctrine should apply only to goods produced in the U.S.


http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202...

It will be interesting to see how the court rules. As your linked article points out, the foundation of the argument that the power of the owner of a US copyright depends on where the item was made, is questionable. It's entirely possible that the SCOTUS could overturn the first sale docturine, regardless of where the physical item was produced. Otherwide, the producers of all copyrighted material would have an incentive to move offshore.

Steve
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"It's entirely possible that the SCOTUS could overturn the first sale docturine, regardless of where the physical item was produced. "

Yeah (agree). Since US corporations are treated as people by our current era SCOTUS this wouldn't surprise me - it's eff the consumer and protect the big guys. I don't think that's just cynical...the nature of the market already obsoletes and makes hard to share entertainment wares so it begs challenging how much protection these corporations really need from consumers and their yard-sales. We already know Sony and MS will screw over customers & partners in spite of a recession so I say let them hang themselves and we keep our shekels for something other than $40-$50 games that often fail to deliver long term fun.
B
(still working through a 2' pile of Xbox360 games - finding most are redundant within their genre's IMO and add complexity for the sake of justifying the price rather than for fun - I bet Nolan Bushnell would agree ;-)
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