Digital Game Ownership After Death: Navigating the Complexities and Ensuring Your Gaming Legacy

2023-07-11 05:18:09
For many people, digital versions of games have replaced the existence of physical games. The ownership rules of physical game pieces are very pure and simple. As long as the piece is in your hand, it is your property, and it is a matter of manual transfer or gift. At the same time, this also raises a question, once a person dies, will the digital version of the game he owns disappear? This time we will plan ahead and discuss this issue. What will happen to the digital version of the game in the possession of a person after death? Can digital games be transferred to friends and family? The question, while seemingly simple, has a somewhat complex and disappointing answer. Digital content that includes games, software, etc. is often associated with an End User License Agreement (EULA), and the transfer of digital assets is almost universally prohibited in these EULAs. Let’s take the license agreement on the most mainstream digital game platform as an example:[Steam](click here for the full text) In the English version of Steam’s agreement, it says: “You have the right to use the content and services for personal use, but you You have no right (i) to sell, grant a security interest in, or transfer copies of the Content and Services to other parties in any way, nor have you the right to rent, lease, or license the Content and Services to others…” You are entitled to use the Content and Services for your own personal use, but you are not entitled to: (i) sell, grant a security interest in or transfer reproductions of the Content and Services to other parties in any way, nor to rent, lease or license the Content and Services to others…[PlayStation](click here for the full text) There are also relevant rules in Sony’s PlayStation Network Terms of Service: “You may not sell, buy, trade, or transfer your online ID, account, or any personal access to PSN services in any way. , including through websites.” You may not sell, buy, trade, or transfer your Online ID, Account or any personal access to PSN Services through any means or method, including by use of web sites.[Nintendo](click here for the full text) The terms of service in the Nintendo eShop directly say that the game is authorized to you rather than sold to you, so there are similar provisions below, but it is too literal, so I simplify it. Basically it means that you cannot sell, transfer or license all content, ownership, etc. related to intellectual property rights owned by Nintendo or third parties to others. Neither the sale, transfer, license, nor your use of the System shall transfer any title or ownership (including the Software) of any and all intellectual property (namely, intellectual property rights, hardware, software, software code, documents and any other information such as know-how) owned by Nintendo or any third party. We reserve all rights that we have not expressly granted to you in this Agreement. If you carefully read the subscriber agreement or terms of service of any other gaming online platform, regardless of platform You may all find similar wording to the one mentioned above. Games you purchase through the Online Service are only for you. In other words, even if your Steam collection is already very large, there is no rule at all that allows others to inherit your collection of games after you die. In practice, no one checks that the user is dead. While the regulations surrounding the transfer of digital copies of games are complex and prohibitive, reality is different from theory. As long as someone has your account login credentials (ID, password or 2FA verification method), they can directly access your game library and use the digital version of the game you own, which effectively means that your digital game may live longer than you. Services like Steam or the PlayStation Network don’t scan obituaries or death certificates and cross-check user accounts. In addition, anyone with the correct login credentials can use it, and these platforms have no specific way to verify that the account owner who is using the active account is actually the account owner. So, how do I leave credentials? Leaving your digital gaming legacy requires a balance between practicality and legality. Strictly speaking, sharing account credentials violates the terms of service of most digital game providers. However, due to the lack of actual implementation of these terms, you can choose to plan ahead before your untimely death, and log in to the digital game library. Credentials, etc. are recorded. After all, it’s better to have the opportunity to share one’s huge game income with an heir than no opportunity. The first step is to build a full inventory of accounts and associated credentials. This information can be stored in a secure password manager or in a physical file in a safe place. After that, it’s crucial to make sure this complete list can be found after death, which can be facilitated by trusted friends, family, and even a notarization in a will. However, one thing to note here is that sharing account credentials (especially accounts associated with stored payment methods or personal information on the platform) may be risky. It is most prudent to consult a lawyer to ensure that your actions comply with local laws and do not Can have unintended negative effects on your beneficiaries. The transition from physical games to full digital means we have to figure out the issues that arise from digital assets. Physical games used to make ownership issues moot, but now those same licensing agreements can actually be enforced through centralized digital game stores. When you own a huge amount of games, the money you invest must be huge, and you definitely don’t want these assets to evaporate after you suddenly pass away one day.
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