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战斗力 鹅
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注册时间 2019-11-21
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本帖最后由 BRAVADO 于 2025-12-4 03:35 编辑
数字产品怎么可能给和实体产品一样的“拥有”权,给拥有权意味着你可以直接拿着游戏出去售卖。但是对于使用权的规定,不同平台却大有不同,直接一言以蔽之“购买不是拥有”有失偏颇。
比较一下各大平台(Steam,GOG, itch.io)的用户协议规定:
Steam:“This license ends upon termination of (a) this Agreement or (b) a Subscription that includes the license. The Content and Services are licensed, not sold. Your license confers no title or ownership in the Content and Services. To make use of the Content and Services, you must have a Steam Account and you may be required to be running the Steam client and maintaining a connection to the Internet.” ... “You may not use the Content and Services for any purpose other than the permitted access to Steam and your Subscriptions, and to make personal, non-commercial use of your Subscriptions, except as otherwise permitted by this Agreement or applicable Subscription Terms. Except as otherwise permitted under this Agreement (including any Subscription Terms or Rules of Use), or under applicable law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Content and Services or any software accessed via Steam without the prior consent, in writing, of Valve.”
可以看到,对steam来说,你的使用权直接与你的steam账号挂钩,不通过steam账号访问游戏即为违反用户规则。显然你不拥有永久使用权,且在用户协议中明确,除了使用(use)以外,你几乎不具有其他任何权利,包括“复制(copy, reproduce)”。其他大多数平台,如战网和EPIC, 规定大同小异。所以我们看看宣称drm-free的gog和独立游戏平台itch.io。
GOG:
"2.1 We give you and other GOG users the personal right (known legally as a 'license') to use GOG services and to download, access and/or stream (depending on the content) and use GOG content. This license is for your personal use. We can stop or suspend this license in some situations, which are explained later on.
2.2 When you buy, access or install GOG games, you might have to agree to additional contract terms with the developer/publisher of the game (e.g. they might ask you to agree to a game specific End User License Agreement). If there is any inconsistency or dispute between those ‘EULAs’ and this Agreement, then this Agreement wins.
3.1 To buy GOG content from GOG services, and in some cases to play/use GOG content where our partners require use of a GOG account, you will need to set up a GOG account. This will involve creating a password (which is encrypted so we can’t access it) and a username, plus giving us (for identification purposes) your email address. Please make sure your login credentials are kept secure and your account is used properly. In your GOG account settings you can also optionally set your country of residence, birthday and avatar. Our Privacy Policy gives more details about the information we collect from you and how we use it and protect it. It's here.
11.1 Please follow these rules regarding the GOG services and GOG content, and any additional rules we link in 11.2 below. Please read these rules carefully since failure to follow them (particularly those in relation to cheating) will be considered a material breach of this Agreement, which could lead to suspension or cancellation of your access to GOG services. Here are the rules: (a) Only use GOG services or GOG content for your personal enjoyment (for example, don't use them to make money, for piracy or for political purposes). (b) Regarding GOG content, what you can do practically apart from playing the games (like create derivative works of it) depends on what the GOG content rights holder allows you to do (GOG can’t grant such rights). So please check this with the rights holder directly (the first thing you should do though is to check if they have a EULA and if so what it says). We also ask that you make only genuine attempts to improve the GOG content."
itch.io:
“To Users, a non-exclusive, perpetual license to access the content and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the Service. Users shall retain a license to this content even after the content is removed from the Service.”
GOG的用户协议明确在某些条件下,GOG可以终止你的license,明确除了特殊情况(如多人),只在在购买时需要账号,而游玩时不需要。对于copy和reproduce等其他权利, GOG直接选择付诸阙如并甩锅给版权拥有者,所以需要前面的”终止license“来打补丁。
itch.io明确你会获得永久的产品使用权,即使下架也是如此,同时明确了你也有"reproduce, distribute"的权利,这其实是一种de facto拥有权。
虽然Steam, GOG和itch.io都是“购买不等于拥有”,但是玩家从用户协议中获得的权利不一定是判若云泥,但至少也可以说是区别明显。 Steam的规定最为严苛且不合理,GOG稍好但是有甩锅,而itch.io直接给了你永久使用权。因此,直接说“从签署协议同意条款之类的角度来说没区别”明显谬以千里。我在购买游戏的时候一直是最优先itch.io, itch.io上没有再考虑gog,最后才考虑steam。
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