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Showing posts from September, 2010

Why Does NPD Hate The Game Business: Calling Them on Their Bullshit Edition

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NPD has a problem. Their value is based on accessing and protecting a data set while their access continues to shrink and the data points continue to grow. They like to tell us they are able to track physical game sales, but they do not have access to sales data from our biggest retailers. Until recently they never covered on line and when they did they found their previous reports were wrong. Now they chose to issue a report relating to the console DLC market when they have no access to sales data. I, along with any one who sat in a room with a publisher in the last year, have better information on the DLC market than they printed. Just in case their assessment of only 6% of the market actively downloading did not ring hollow to the publishers currently showing a solid return on DLC, they highlight:
"Internet connectivity is an important feature across multiple devices:
60% of e-reader owners cite it as their favorite feature"

Excuse me while I call them by their fi…

Appeals Court Holds Used Game Sales Are Illegal?: Light At The End of the Tunnel Edition

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I am not going to go into again, I already did here, here and here, so take my word for it. Selling used games is harmful to game innovation. While publishers are engaged in a arms race against the ever growing number of used game sellers, the industry may be saved by the courts. In Vernor v. Autodesk The 9th Circuit Court of Appeals just ruled a properly worded EULA will preclude resale of software.

In the Vernor case, Vernor purchased copies of Autodesk software, did not open it, and resold it on ebay. Vernor contended he was protected by the first sale doctrine because he did not make copies, and did not open the box and become bound by the EULA. The court held otherwise and found Vernor a licensee of the software and therefore bound by the agreement which forbade resale.

Games and other software are legally resold under the first sale doctrine. In 1908, when contemplating the resale of printed, coyprighted works like books or music, the U.S. Supreme Court determined…