licensing video-games
What makes you the legal owner of a computer game (copy)?
<p>I bought a lot of used old computer games to create a collection. Some games consist of:</p>
<ul>
<li>The physical game disc (CD or DVD)</li>
<li>(sometimes) a product key which is printed onto the manual or the disc case</li>
<li>The manual and the disc case</li>
</ul>
<p>And sometimes there is an account (for example Steam account) which registered the product key.</p>
<p>Sometimes some parts of those I mentioned are missing or the product key was already registered on Steam.
It leads to the question: Who is the legal owner of the game (copy) and allowed to play the game?</p>
<p>Here are some examples:</p>
<ol>
<li><p>I bought a game but the product key is missing. Who is the owner of the game (copy)? Me or the one who has the key? Am I allowed to use a key from the internet if I got the disc?</p>
</li>
<li><p>I have the product key but the disc is missing. Am I allowed to download the game .ISO file from the internet?</p>
</li>
<li><p>I bought the disc and the product key. But the key is already registered on Steam. Am I allowed to crack the game so I can play it?</p>
</li>
</ol>
<p>I am living in Germany but I am also interested about the laws in the US.</p>

<p>Ownership is a fundamental concept in <a href="https://en.wikipedia.org/wiki/Property_law" rel="nofollow noreferrer">property law</a> which can be difficult to apply to software, such as computer games.</p>
<p>A physical record of information, such as a game disc, a piece of paper with a product key on it, or a computer hard drive with software installed on it, is personal property (chattels). You own these things. However, <a href="https://en.wikipedia.org/wiki/Copyright_law" rel="nofollow noreferrer">copyright law</a> restricts what you can legally do with them.</p>
<p>For example, the copyright holder generally has the exclusive right to make a copy of a program, which would generally include downloading (and saving) a game ISO. In recent decades, <a href="https://en.wikipedia.org/wiki/Anti-circumvention" rel="nofollow noreferrer">anti-circumvention</a> provisions have been added to national copyright laws. These generally make it illegal to use cracks and other techniques for circumventing DRM, even if you “own” a copy of the software.</p>
<p>What is “owned” is the right to assert a claim in court (a chose in action), which is also a kind of property. Specifically, the right to use proprietary software, or software license, is generally understood as a bundle of contractual rights, often documented in an <a href="https://en.wikipedia.org/wiki/End-user_license_agreement" rel="nofollow noreferrer">end user license agreement</a>. (While these contractual rights are a kind of property that can be owned, “ownership” of software can also refer to the rights of the copyright holder, which the more limited rights of a licensee are derived from.)</p>
<p>Actually determining the legal effect of a software license is complex. As it is intended to create contractual rights, the terms of the contract (license agreement) are important, but not determinative. <a href="https://en.wikipedia.org/wiki/Consumer_protection" rel="nofollow noreferrer">Consumer law</a> may impose standard “fair dealing” terms which could have complex effects on the rights associated with a digital product in a particular jurisdiction. Because of the low money value involved, these complex legal issues are rarely tested in court.</p>
<p>The specific questions you pose all appear to breach copyright or anti-circumvention law. However, you may have acquired contractual rights, including implied rights associated with your purchase of chattels, or dealings with a platform operator like Steam, which limit the copyright holder’s ability to take action against you. You may also have the right to do things that fall within a <a href="https://en.wikipedia.org/wiki/Fair_use" rel="nofollow noreferrer">fair use</a> or <a href="https://en.wikipedia.org/wiki/Fair_dealing" rel="nofollow noreferrer">fair dealing</a> exception in your jurisdiction.</p>
<p>Again, the law is often untested, especially outside of the United States, because it is rarely in the parties’ interest to litigate. However, the exceptions to anti-circumvention law are often different to, and less permissive than, the exceptions to copyright. To further research your questions in a particular jurisdiction, I would look for exceptions to copyright and anti-circumvention law which protect consumers’ rights, if any, to back up or resell copies of licensed software.</p>
