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CollectorVision Club 2019


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3 minutes ago, H.E.R.O. said:

 

I would argue that the agreement is in effect until such time Collectorvision ceases to be as a business entity. Least that's my interpretation.

You may be right. Although they may need to provide a lifetime buyback too.  
I am not a legal expert. It just appears too much added complications on a simple situation. 

Edited by alortegac
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5 minutes ago, Pixelboy said:

Before anything else, I should mention that no one has told me what the secret game is, and I haven't asked anyone about it. Right now, I don't know anything about this game, and I'm fine with that.

 

With this said, if CollectorVision is serious about wanting the game to be kept secret, you should recognize that they have actual reasons for keeping this release as low-key as possible, and that these reasons probably have nothing to do with being capricious or maintaning a childish "secret club" mentality.

 

I expect that, in time, this secret will be gradually revealed to all ColecoVision fans in this community who are not a part of the club (such as myself) and if you are one of those people and are itching to find out what this "secret club game" is, don't expect this information to simply pop up on public forums or social media. Just ask a fellow CV fan in private politely, and when you eventually find out, keep this info to yourself and don't assume it's okay to divulge anything about the game publicly over years to come. This is the proper course to follow if you want to show the CollectorVision team your appreciation for their hard work.

 

Just my two cents on this matter.

 

Thumbs up!

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1 minute ago, alortegac said:

You may be right. I am not a legal expert. It just appears too much added complications onto a simple situation. 

It really should not be that big of a deal. They stated they'll release the rom at some point and probably in the next round of club memberships (tho I wonder if inaugural members get a better price on year two membership as we have the majority of the rom vault already). 

 

I think the main deal is the owners of the property could and would send out a C&D to the boys if the existence of the cartridge was known beforehand and regardless if it was made if such a small quantity. I'm guessing this as they did send a C&D to someone years ago and not over a videogame product. When the game name is revealed I will let you all know the other product that it happened to.

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3 minutes ago, H.E.R.O. said:

It really should not be that big of a deal. They stated they'll release the rom at some point and probably in the next round of club memberships (tho I wonder if inaugural members get a better price on year two membership as we have the majority of the rom vault already). 

 

I think the main deal is the owners of the property could and would send out a C&D to the boys if the existence of the cartridge was known beforehand and regardless if it was made if such a small quantity. I'm guessing this as they did send a C&D to someone years ago and not over a videogame product. When the game name is revealed I will let you all know the other product that it happened to.

Thanks! 

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1 hour ago, alortegac said:

This is not a software license,  this is a videogame cartridge. Tell me you cannot resell used videogames, dvds, books, etc. 

 

I am not legal expert, you may be right. I am just making an observation of the normal practices.

 

On your video game cartridge you have a software (the game)  ,  You own the Cartridge but not the game.  you have just a license to use the game.  

 

After laws are country specifics .   but since years there are lot of debates and law suite about do have a the right to resell a software. (being only digital or with physical support)

 

https://www.allbusiness.com/the-difference-between-buying-and-licensing-software-928-1.html

 

It is just to discuss , i have nothing against buying or selling used video game :)

 

 

 

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15 minutes ago, youki said:

On your video game cartridge you have a software (the game),  You own the Cartridge but not the game.  you have just a license to use the game.

I don't have a horse of any color in this, but this statement vastly oversimplified matters. It is an interesting interpretation of how first sale doctrine present in many regions might apply (or not) by treating the physical mechanism of a solid state cartridge as nothing more than an access dongle, but to my knowledge, one that doesn't fit existing precedent in such a broad manner absent quite a few other pre-conditions.

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53 minutes ago, youki said:

 

On your video game cartridge you have a software (the game)  ,  You own the Cartridge but not the game.  you have just a license to use the game.  

 

After laws are country specifics .   but since years there are lot of debates and law suite about do have a the right to resell a software. (being only digital or with physical support)

 

https://www.allbusiness.com/the-difference-between-buying-and-licensing-software-928-1.html

 

It is just to discuss , i have nothing against buying or selling used video game :)

 

 

 

 

25 minutes ago, mumbai said:

I don't have a horse of any color in this, but this statement vastly oversimplified matters. It is an interesting interpretation of how first sale doctrine present in many regions might apply (or not) by treating the physical mechanism of a solid state cartridge as nothing more than an access dongle, but to my knowledge, one that doesn't fit existing precedent in such a broad manner absent quite a few other pre-conditions.

...and if you buy a book, you own the paper and ink, but not the story. You renting the story? Intellectual property is a book of its own, too big to go into, but it's just rented, haha.

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3 hours ago, youki said:

In fact,  i think , when you "buy" a software ,  you simply buy a usage license.  The game is not your property legally. :)

 

It is more and more true nowadays where there is no more physical support.   But it was already like that since the beginning.  Normally you can not re-sell your game  except if the license say you can transfer the license to somebody else.     

 

 

In order for the software to be licensed there must be a license agreement.  A license agreement requires both sides to agree on the terms.  In absense of an agreement and a license you own your copy of the software regardless of the media or lack of media.

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15 hours ago, mr_me said:

In order for the software to be licensed there must be a license agreement.  A license agreement requires both sides to agree on the terms.  In absense of an agreement and a license you own your copy of the software regardless of the media or lack of media.

There is a license agreement when you buy any software whatever the support is.  Generally in the manual you have a long text written in little sized font that nobody reads...

 

For exemple the one from SEGA :  https://www.sega.com/EULA

 

Quote

THIS SOFTWARE IS LICENSED, NOT SOLD. Sega Corporation and its affiliated companies (collectively, "SEGA" or "We") reserves all rights not expressly granted to you. The product that is subject to this license is referred to in this license as the "Game Software."

 

Quote

4. NO SALE OR ASSIGNMENT
SEGA does not recognize the transfer of the Game Software. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Agreement, either in whole or in part, without the prior written consent of SEGA. Any attempt to do so shall be void and of no effect.

 

Or this one for another software on Cartridge.


https://d2e2oszluhwxlw.cloudfront.net/home/public/page/20/CARTRIDGE-EULA-Rev1-2.pdf

 

Quote

2.6 Transfer of Cartridge and Content.  You and Your users will not sell, rent, lease, or transfer, or
attempt to sell, rent, lease, or transfer, the Cartridge or Content or any portion
thereof (including
operating a software‐as‐service, application service provider, service bureau or equivalent service using
the Cartridge or Content to any other person, without the prior express written permission of Provo
Craft) in any manner whatsoever.   


 

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3 hours ago, H.E.R.O. said:

They simply asked don't flip it on ebay. A polite request even. It CAN be sold back to Collectorvision. This is being blown up into a bigger deal than it should be.

 

 

 

 

 

My discussion around "licensing" is not intended to Collectorvision or a somebody else.  It is just an open discussion.  It just came here because we talked about reselling The cartridge. There is nothing related to what collectorvision asked.   I have absolutly no problem with that personally,  i share same view about flipping on Ebay.

 

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9 minutes ago, youki said:

 

My discussion around "licensing" is not intended to Collectorvision or a somebody else.  It is just an open discussion.  It just came here because we talked about reselling The cartridge. There is nothing related to what collectorvision asked.   I have absolutly no problem with that personally,  i share same view about flipping on Ebay.

 

This was not a simple ask, there was threat of banning members if they decide to sell the game on ebay......imho, it feels a bit extreme,  and brings complications to what it should be all but fun stuff.

 

Again, this was just a conversation exploring some angles,   not a complaint.....before people jump at me!!

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6 hours ago, alortegac said:

..there was threat of banning members if they decide to sell the game on ebay......imho, it feels a bit extreme,  and brings complications to what it should be all but fun stuff.

 

Let's put it that way:
If people are free to do whatever they want with their stuff, then we're also free to choose whoever get in the Club.
Reselling a game to collector is one thing, flipping it on ebay is another... 
 

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