Show Summary Details
You do not have access to this content

Aren't we all exhausted already? EU copyright exhaustion and video game resales in the Games-as-a-Service era

Alina Trapova and Emanuele Fava

Keywords: copyright law; digital exhaustion; video games; Games-as-a-Service (GaaS); digital distribution; consumer law

This article examines the issue of copyright exhaustion for digitally distributed video games in the EU. In light of the case law of the CJEU and national courts, it applies to video games two relevant dichotomies – sale/licence and goods/services. Diving into the modern Games-as-a-Service (GaaS) trend, it argues that treating all transactions as sales and all games as goods poorly reflects the complexity of today's video game industry. The many uncertainties of the current legal framework and the impractical consequences of digital exhaustion could force the industry to change its distribution models in ways not necessarily beneficial to consumers. Thus, the applicability of exhaustion to digitally distributed games should be ruled out once and for all. Nonetheless, where copyright is unable to offer satisfactory solutions, consumer law may protect players vis-à-vis digital distribution platforms, while at the same time providing legal certainty to the industry.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.