Gacha games’ TOS and EU legislation.

[Lanyan]

At one point I saw a discussion on the forum regarding a change in the EU’s legislation, with someone stating that you could legally sell game accounts even if it went against a games’ TOS because the EU laws allow you to sell a digital license once you’ve purchased it.

The thing I’m unclear on is if this would apply to gacha game accounts or not. You basically don’t OWN the digital license, you’re just renting the account you’re playing on.
In that sense, would the EU laws encompass this sort of transaction?

 

[The Integrity]

Selling accounts is already legal pretty much everywhere, regardless of breaking the company's ToS. That doesn't stop those companies from banning the account if they see that it's stolen.

 

[Lanyan]

Selling accounts is already legal pretty much everywhere, regardless of breaking the company's ToS. That doesn't stop those companies from banning the account if they see that it's stolen.

Yes but in the EU it apparently overrules the TOS. As in, you could sue the company for taking away your license in response to you selling it.

At least if I understood the court ruling correctly.

 

[AZURAKAGAMI]

Yes but in the EU it apparently overrules the TOS. As in, you could sue the company for taking away your license in response to you selling it.

At least if I understood the court ruling correctly.

can you please state the exact law that are saying that or can you send me the link? I’ve never heard of it.

Thanks.

K.

 

[Lanyan]

can you please state the exact law that are saying that or can you send me the link? I’ve never heard of it.

Thanks.

K.

Sure thing.

Here’s an article talking about the court ruling regarding digital license reselling in the EU:

https://www.flaglerlawgroup.com/con...l-downloads-implications-if-u-s-follows-suit/

Here’s the thread I stumbled upon on this website, talking about reselling game accounts:

https://www.epicnpc.com/threads/is-it-illegal-to-sell-buy-or-trade-accounts.847171/

It’s the last reply on the thread that brings up the EU laws.

 

[The Integrity]

From what I see, this is just a court ruling, not an actual law.

So companies can still ban you for selling accounts although you could technically sue them if you're from EU, which would never happen in practice. EU can't stop foreign companies from having such ToS, since it's still valid in all those other countries.

So until it becomes actual law, nothing really changes for us. But it's nice to see that it's going down that path.