The European Union's Court of Justice has ruled that consumers within the EU can legally resell downloaded games and software, despite any restrictions stated in End User License Agreements (EULAs). This decision stems from a case involving UsedSoft and Oracle, and hinges on the principle of exhaustion of distribution rights. This means that once a copyright holder sells a copy, granting the user unlimited access, the right to distribute that copy is exhausted, enabling resale.

This ruling applies to digital games purchased through platforms like Steam, GoG, and Epic Games. The original purchaser retains the right to sell the license, allowing a new buyer to download the game. The court clarified that the original owner must delete the game from their system upon resale; continued use would constitute copyright infringement.

The decision acknowledges the right of reproduction for the legitimate user. Downloading the game is considered a necessary reproduction for use, and cannot be prohibited contractually. However, the resale of backup copies is explicitly prohibited.

While this ruling grants consumers the right to resell, practical implications remain. The lack of a formalized resale market presents challenges, particularly concerning the transfer of game registration. The ruling clarifies that non-transferable clauses in EULAs are overridden within the EU, but the process of resale still requires clarification.

The court's decision emphasizes that the right of distribution is exhausted upon the initial sale, but the right of reproduction remains, limited to what's necessary for the lawful user. This means the original purchaser can't keep a copy and resell it. The ruling also explicitly states that backup copies cannot be resold.

In summary, the EU court's decision significantly impacts the digital game market, granting consumers a previously unavailable right while simultaneously clarifying limitations on resale practices. The practical implementation of this ruling remains to be seen.