Upon the reveal of the X Box One, Microsoft has announced a new policy on lending games that will no doubt have a nefarious effect on the gaming industry if we let it slide... and that is destroying the used game market AND rental business.
That’s right, once you buy a game and put it in your X Box One, it will require you to install it on your system. Once it is installed, it is locked to that system and any attempt to run the game on another system will demand a fee to let it run.
Think about the impact of such a measure. That means that if you own an X-Box One game and say... your roommate wants to play the game in his room on his own X-Box One, he will get a “give us money” message from Microsoft. If you decide to sell your game after you’ve gotten tired of it, the unfortunate person who will buy it will pay an extra fee to gain the right to use it on his system.
In both Canada and the US, that would be a direct affront to the first-sale doctrine (also sometimes referred to as right of first sale, first sale rule or exhaustion rule). Its role is to limit certain rights of a copyright or trademark owner to avoid abuses. It allows for such acts as library lending, selling legally purchased products you own to a second party, gift-giving, and video/game rentals. The X-Box One fiasco basically feels like they have studied books of law in detail to find the one loophole that could go around this law without getting in trouble themselves.
Take this situation as an example: Say you wish to rent a game to figure out whether it fits your fancy or not, not only will you pay the rental cost, but also pay the extra fee imposed on you by Microsoft. This is the kind of practice that will most likely kill the rental business, make people lose their jobs, and antagonize honest, law-abiding citizens by treating them like pirates for engaging in an act that is completely within their legal rights.
Now take this sillier scenario... You bring your game to you friend's place to play it with him. He would have to pay for it. That's right, he would have to shell out money to play a game you own while you are there with him.
Mind you, people could basically lend their X-Box Live account to a friend as well. Then they would be able to access the game and all would be honky-dory. The problem is that by acting in such a manner, you are basically going against their terms of service. In the eyes of Microsoft, you are a pirate; an outlaw. You risk getting your account suspended if you get caught. Big brother reached the console market, my friends.
Microsoft may not be the most innovative gaming company, but the fact remains that it is currently one of the leaders of the gaming industry, and if we let them get away with it, others will follow. Gamers must speak with their wallets; they must refrain from buying a system that will drive the industry in the wrong direction. I am generally not one who cares what other gamers buy, and I let them make their own decisions without being too judgmental about it. However, for the first time, I would like to formally ask for your cooperation against this looming threat and not give your money to Microsoft. Every dollar we will give to this system is a vote for their nefarious, bigoted, and antagonizing philosophy. If you don’t want your legal right to first sale to be taken away from you, then make Microsoft understand it, and most importantly, let it be known that this is the reason why they are losing money. The X-Box brand will not die from one failure, and other companies (Nintendo and Sony) will observe the phenomenon and hopefully not make the same choice. Gamers DO have power. Their money is a vote of confidence; it is telling a company that you approve enough of their product to invest in it. If they lose a lot of money, then they WILL try to win you back. They WILL go back on their bad decisions.
Before I end this editorial, I would like you to look at these opinions:
EGMnow article
As you can see, I am not the only one who feels that way. Your rights are only as good as your ability to defend them. As a community, we have the ability. Let us use it.
