When I buy a game, what do I actually pay for?

Question

Recently a discussion came up among friends. Some of us like to record our gameplay and put it up in YouTube, own3D, etc.

Problem is, some of us are getting copyright strikes/claims, on audio as well as video.

Bear in mind, the videos getting the claims and strikes are not manipulated in any way, except resized to 1080p or 720p. No external music, sound or video has been added.

So, what do I pay for when I purchase a game? Don't I "own" the content I paid for? Or have I only paid for the service, i.e. the ability to be able to play the game and only that?

I'm not interested how streaming platform (i.e. Youtube) and their copyright system works. That's not the issue here.

Answer 1

When you purchase a game from the store, you tangibly receive a specialized piece of plastic with software on it, and some packaging. Everything else is intangible: rights, a license, guarantees, etc.

Typically, and I can't stress that word enough, what you get in layman's terms is a license to use the software on the disc for personal use in the privacy of your own home and a guarantee that the hardware disc is free from defects in workmanship. You do not receive any copyright rights over the content, nor does the license permit you to duplicate or redistribute the content (well, it does to some extent, usually for backup and for actually installing and running the software).

When you record yourself playing a game and then post it on YouTube what you're doing is duplicating a portion of the audiovisual intellectual property in the software and redistributing it in a different form. That's why it's a copyright violation, and that is why the license you are granted as an end user doesn't permit it.

Answer 2

Don't I "own" the content I paid for?

No.

Or have I only paid for the service i.e. the ability to be able to play the game and only that?

Yes.

Though you probably can "quote" portions of the game for reviews etc. under fair use laws (which may or may not be applicable in your country). The amount (i.e. length of the video) will be relevant here. A 2 minute clip might be OK, but a 15 minute one without commentary might not be.

Answer 3

This is a difficult question to answer, and is probably better handled by lawyers who know how to interpret law-ese.

I understand the subscription idea and everything, but if we're paying for only a user-fee, and not an actual ownership of user-rights, then why are we allowed to make working backup copies to protect our investment, because legally, we are, which is why software like Alcohol 120 and Daemon Tools have never been banished from the market. Is it that the legal usage rights of software have evolved from ownership of something into nothing but a subscription?

Because you all may not realize something, but when you buy a computer with Microsoft Windows installed, you are not buying a subscription to use the software. You actually have the right to resell or transfer the keycode along with the case that the computer was originally put into. I remember going to a computer store who rebuilds computers, and they told that they are legally able to sell that keycode for Windows XP taped onto the case so long as the copy is always attached to hardware mounted within that case. They said the keycode must remain on the case, but you can do whatever you want to the computer itself, sell it, give it away, rebuild and entirely new system, whatever, so long as the keycode remains on that case and is only used for the windows installed on the computer within that case. That doesn't sound like a user-fee, it sounds like you own something.

However, and this is conjecture, but I expect that if it were ever to go before a court of law, the ruling would find that purchaser does indeed purchase and own something, and has a right to privately sell that something so long as they also forgo all their rights to use that something after the sale is made. Probably wouldn't work the same for services like Steam though sense everything is provided via their service under their user agreement. But this giving me a user-agreement that tries to claim I don't own anything after-the-sale could probably be argued in court. But like I said, this is conjecture.