The missing context here (I think) is that California passed a law saying that digital storefronts (like steam and gog) can’t say things like “buy game” because you aren’t actually gaining ownership of the game, but instead just buying a license to access it. Some people were questioning if this law should apply to gog since their games are drm free and can be freely installed on any compatible devices once you download the installer.
It should because their use agreement makes it clear that you don’t own the games but are licensing them. That’s pretty much why they had to clarify what they said I’d imagine. IMO, proving the point of the law, really.
This is equally true for almost any game ever sold, including physical ones. You only ever own a license that specifies what you can and cannot do with the game. The difference is in what this license is tied to, for example either a physical copy of a given game or an account that can be remotely deactivated taking away all your games. In GOG’s case once you grab the installer, the game license cannot be easily forcibly revoked, just as with the physical copy.
Can confirm for both Gog and steam I have always had access to the original fallout which went missing off store fronts for a number of years
licensing issues
I understand that the buyer doesn’t lose the de facto ability to install the game from a local copy of the installer, but is it possible to lose the de jure right to install the game in that way due to licensing issues on GOG’s end? I’m not saying it is, I’m just curious.
Right, if you download the offline installers, then they can’t stop you from doing whatever you’re going to do with it but you don’t own them. Legally, you can’t sell them, transfer them to someone else, etc.
There are other sections that make the lack of ownership by you clear and that you still have to abide by the publisher’s/developer’s licensing agreements but Section 10 states the situation outright:
Section 10 of the GOG user agreement says:
GOG content is owned by its developers/publishers and licensed by us.
is it possible to lose the de jure right to install the game in that way due to licensing issues on GOG’s end
Someone can correct me if I’m wrong, but my understanding is that no, you can’t. When you buy the game, you’ve obtained a perpetual license to install and play that game, similar to what you’d have if you bought the game on a disk. You can lose your ability to download the game, that isn’t guaranteed to be unlimited or perpetual, but installing it via the installer you downloaded, and playing it once you do, are forever. (This is in contrast to something like Steam, where you rely on their servers granting you permission to install the game, and that permission can be revoked.)
How is backing up an installer from GoG different in any way to backup a game folder in Steam?
Both can be copied to a different computer and used to run the game offline forever (unless of course the game has DRM, in which case both suffer from the same problem).
Correct me if I’m wrong, but don’t most Steam games require the steam client in order to run? You can’t necessarily just copy the files into a flash drive and deliver them to another computer.
(unless of course the game has DRM, in which case both suffer from the same problem)
That’s GOG’s whole schtick, none of the games they sell have DRM when purchased from their store. You can always copy the installer to another computer and run it.
