14 DAY TRIAL // The European Union is set to aggressively move into the realm of regulating videogames, but, somewhat surprising, it has nothing to do with the levels of violence and explicit materials appearing in them. Commissioners Viviane Reding and Meglena Kuneva are thinking about introducing a guarantee period for videogames. In other words, you could get your money back from Bethesda if you bought the bugged Broken Steel DLC or from Microsoft if you were unable to run GTA IV reliably on your PC.
The move comes via an expansion of the EU Sales and Guarantees Directive which at the moment is indicating that “a minimum 2-year guarantee on tangible movable consumer goods” must be provided. All videogames are currently exempt from the regulation.
A spokesperson for Meglena Kuneva has stated that “The current status quo, where licensed products are exempt from EU law, is unsatisfactory” and that the commissioner is interested in entering into a dialogue with game developers and publishers in order to create a set of regulations beneficial for the industry and consumers alike.
If videogames become subject to the EU Sales and Guarantees Directive, then gamers could be entitled to refunds for buggy games, as long as they are able to prove that the developer or the publisher in question was at fault.
Francisco Mingorance, who represents the Business Software Alliance, said that “Digital content is not a tangible good and should not be subject to the same liability rules as toasters. It is contractually licensed to consumers and not sold. These contracts are governed by civil law that provide [sic] consumers with [a] multitude of remedies for breach of contract. We are not aware of any shortcomings of the legal frameworks with respect to digital content.”
The companies are, of course, worried that near perfection will be demanded from them for each release, which is not feasible. On the other hand, the consumer is entitled to some protection from getting a product that does not work as intended or advertised.