There is concern in the gaming community amongst developers that used games and consoles being sold on the open market are cutting into their sales, and as a result, profits. If they had their way, it would be unlawful to transfer ownership to another of a video game or console by the original owner. This is reminiscent of one of the latest lawsuits by the recording industry in which there is an attempt to define as a crime the act of ripping songs from a CD (even if that CD was bought by the consumer) onto a computer.

Liberty however, is what it is, so it is doubtful that courts would ever go so far as to tell people that they cannot sell their own property. That is unless our gaming (or even music for that matter) purchases become redefined by law as something along the lines of “permanent rentals,” in which we as consumers have no rights to these products we pay for beyond direct, unaltered personal use. Think of this along the lines of expensive Blockbuster Video or Netflix, rentals that you never have to return, but can never be rid of.

No funny caption here, just some random ass dude.

While the above outcome is most definitely a possibility, such a decision by the courts would lead to mass public outcry, and without a doubt damage all industry that could interpret that law in their favor, making it unlikely to be pursued that far. Still, game developers are left with a very real problem. With used games - typically at video game specialty stores, (We won't mention any particular GAME stores, but they need to STOP) being bought at prices cheaper than wholesale, and sold to the consumer at a slight discount from the MSRP; there is little reason for the retailer or the average person to pay full price for a factory sealed copy after the first few months of release.

It appears that rather than being an issue of law, the reselling of games is a moral one. This is an issue which developers, specialty stores, and gamers each must consider carefully before a far less-than-ideal outcome for all emerges due to pure circumstance. Here are five things to consider before buying your next used game:

1. If and when enough profit is lost by developers due to used game re-sales it will mean that brand new, factory sealed games will begin to be priced higher. This in turn would likely mean fewer new games purchased and a higher percentage of used games purchased. The industry would be feeding off of itself until there is nothing left to feed upon.
2. If expensive court cases ensue where developer X is challenging specialty store Y, then once again, the cost will be passed to the consumer, not to mention that there would be the unacceptable possibility of lost liberty.
3. Even if developers decide that it is not in their best interest to use the courts or to raise prices on games, one of the only realistic options left to them would be to cut back on the amount of, and the diversity of their games, which in turn would limit the experience of gamers.
4. Another less than ideal possible outcome? Imagine a gaming future where ONLY downloadable games would be available, which would include all manner of specific console rules and limitations. While on one hand this might not seem so bad, wait until you want to play your game at a friend’s house and have to take your entire console rather than a disk. Wait until the next generation console is released and you have to jump through hoops in order to be able to play your old games on the new system. Or even worse, wait until something happens to your huge, expensive hard drive and you not only would have to buy a new one, you would have to download all of your games over again (assuming that you are even given that right).
5. Finally, consider a possibility where game developers decide that only MMO type games are worth their while. If a company cannot make enough profit off of their software due to issues such as this, then they just may flee to formats where the software purchase isn’t as important to them as the monthly fee to play is. While there is most definitely a large place in the gaming world for this type of game experience, if this were the only option, gaming as we know it would be dead.

 And so, what is the solution to a problem that the courts have no business handling, and businesses refuse to fix? Gamers must stop buying used games. We have to suck it up, and pay that extra five or ten dollars. There will be no used games sold if gamers stop trading them in for peanuts, and stop buying them at minimal discount. Of course, if you want that old copy of Pokemon Red or Blue, or Final Fantasy VII, then by all means go ahead. If you are buying Uncharted, or Mass Effect, or Metroid Prime 3: Corruption used, for the $5 or $10 discount though, then imagine the very real possibility of the above scenarios coming to pass; and know that you are a part of the problem.