You accept the EULA by installing the game. The EULA is included in the game package.
I think your off on your EULA on a PS3 game. I've never read a EULA when putting a ps3/xbox/wii game disc into my machine. Unlike a PC game where they force you to read it or at least click yes I read it and agree. In fact for the most part if a console game installs anything on the disc it's pretty much done unknown to the user. Yeah some game makers might put something in an instruction booklet but the law has already said those do not hold up because you cannot prove the customer ever read it or knew it was there. Unlike pc games where they force you to read it and click accept (they use to not do that until they lost court cases because they couldn't prove a person ever saw the EULA).
The rental agreement requires you to uninstall the game when you're done.
Never saw one from blockbuster saying that. Looked on Gamefly and missed it if they do. Secondly not sure you can just remove random game files that are put on your console by some discs. Saved games sure, if copied disc to drive sure, other files not so sure about (or at least that an average person could easily and quickly do).
The first-sale doctrine doesn't apply because you are not buying the software. You're buying a license to use the software. The first-sale doctrine also doesn't apply because you can sell the license. We aren't talking about selling the game .. we're talking about someone installing the game on more than one machine.
He isn’t really talking about installing the game. He is saying he gives his game disc to his brother. His brother plays the game in another ps3. He is saying because the game installed a few random files on his ps3 (that he didn’t click or agree to it just does it), and the game will only play if you have the disc. Brother gives disc back game no longer can be played on brother’s ps3. Again this is just like renting the game or buying a used copy from someone. It is legal to do. Nowhere did he say he copied the entire game disc to the drive and made it playable without the disc.
PC games were always license-based. You've always been allowed to sell the license .. then and now.
Ok you have it backwards here. Software companies have been trying to say their software is licensed, and not sold, thus you are not allowed to sell the license. The license part is how they are trying to get around the first-sale doctrine with a licensing agreement.
Please read up on the law and the history of software.
You can buy and sell a license. You've been doing it since software was first licensed in the late 60s.
This is all covered in first year IP and IT law courses, by the way .. straight from the textbook.
Oh, and you don't have to click on something on the screen in order to make a EULA valid .. you do have to install the software. The change to which you referred (Yeah some game makers might put something in an instruction booklet but the law has already said those do not hold up because you cannot prove the customer ever read it or knew it was there.
) actually covered when the EULA came into force. Publishers used to argue that it was valid the instant you purchased the game. This was thrown out in court because you couldn't read the EULA (which was in the package) prior to purchase. However, you can read the EULA prior to installing
the game and the court agreed that it is the customer's responsibility
to do so.
Finally, you should read up on the recent decision in favour of upholding EULA's in an unopened package
... Ars Technica
offers an interesting and easily understood summary.
Ars Technica wrote:
So, to recap: EULAs are binding, they can control just about everything you might dream up, and only Congress can change the situation.