Do Game Licenses Transfer Between Platforms?

Question from Asmodel, Do Game Licenses Transfer Between Platforms?

Answer from AI:

When you purchase a game through a digital distribution platform such as GOG, Steam, or Epic Games Store, you are typically buying a license to access and play the game rather than owning the game itself. This distinction is crucial in understanding your rights as a consumer, especially when considering the transferability of your game licenses between different platforms or in the event that a platform ceases operations.

Understanding Digital Game Licenses

Digital game licenses are governed by the terms of service or end-user license agreement (EULA) that you agree to when making a purchase. These documents outline your rights and the conditions under which you can use the game. It’s important to note that:

• Non-transferability: Most EULAs specify that game licenses are non-transferable. This means you generally cannot transfer a game you’ve purchased on one platform to another platform.
• Platform-specific: Licenses are usually tied to the platform on which you made the purchase and are not recognized by other platforms.
• Service dependency: Access to the game is often dependent on the continued operation of the platform. If the platform shuts down, the provider may not be obligated to ensure continued access to your purchased games on another platform.

Consumer Rights in Germany

In Germany, consumer rights are protected under various laws and regulations, including the Bürgerliches Gesetzbuch (BGB) (German Civil Code) and the Verbraucherschutzgesetz (Consumer Protection Law). However, these laws do not specifically address the transfer of digital game licenses between platforms or the scenario where a platform ceases business.

What Happens If a Platform Ceases Business?

If a digital distribution platform ceases business, the fate of your purchased game licenses can vary:

• Platform’s Terms of Service: The platform’s terms of service may include provisions for what happens in the event of a shutdown. It’s possible that no guarantees are made for continued access to purchased content.
• Bankruptcy Proceedings: If the platform goes bankrupt, the handling of digital assets will be determined by the bankruptcy proceedings. Customers are often considered unsecured creditors and may not have priority claims.
• Receipts and Proof of Purchase: While receipts serve as proof of purchase, they do not guarantee rights beyond the original terms of the license. They are unlikely to be of help in transferring licenses to another platform.

Recommendations for Consumers

If you are concerned about the longevity of your digital game library, consider the following steps:

1. Read and understand the terms of service and EULA before purchasing games on any digital platform.
2. Backup your games if the platform allows it, though this does not guarantee future playability if authentication servers are taken offline.
3. Keep an eye on news regarding the financial health of the platforms you use.

Seeking Legal Advice

For personalized advice, especially if a significant investment in a digital game library is at stake, it is advisable to consult with a legal professional who specializes in consumer rights and digital media. They can provide guidance based on the specifics of your situation and the current legal landscape.

Remember: The digital content landscape is complex and constantly evolving. Consumer rights regarding digital purchases can be less straightforward than physical goods, and it’s essential to stay informed about the terms of service you agree to when making a purchase.