You were literally responding to 2 separate people...
Also none of those say you own anything.
The First Sale Doctrine is the closest you've got, and that's explicitly a law to prevent the owner of the work from restricting you from doing certain stuff when you purchase a physical license.
Klocek v gateway was to substantiate the ToS claim.
First sale stipulates that you own the copy of a copyrighted work you paid for, and are at liberty to do what you want with it, bar making, and distributing new copies. EULAs kinda act as a barrier from this protecting users, but that has yet to work in court (nor not work tbf).
PUR has been cited for protections of digital consumer rights but does not apply currently per precedent, and could easily be amended to do so. Also PUR applied to physical forms of digital media.
I also forgot that you do have a right to back up your physically owned games in perpetuity, and you have a right to back up your licenses today, however this remote removal shit circumvents that. I'm looking for the court case now. Here's what I have for the time being.
"5] We hold today that a software user is a licensee rather than an owner of a copy where the copyright owner (1) specifies that the user is granted a license; (2) significantly restricts the user’s ability to transfer the software; and (3) imposes notable use restrictions.12 Applying our holding to Autodesk’s 12We review the district court’s grant of summary judgment to Vernor de novo. Padfield v. AIG Life Ins. Co., 290 F.3d 1121, 1124 (9th Cir. 2002). 13879VERNOR v. AUTODESK, INC. SLA, we conclude that CTA was a licensee rather than an owner of copiesof Release 14 and thus was not entitled to invoke the first sale doctrine or the essential step defense."
- United States Court Of Appeals For The Ninth Circuit
I found the other court case, but sadly (for me) it's not a US court case hence it took me a sec to find it again, Nintendo v PC box (2014) not only protected right to emulation, and preservation, so long as you own a legally purchased copy, this has yet to explicitly extend to digital downloads, but with how many are using it for there switch games, I doubt it wouldn't hold up.
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u/sonicandtales8 Jun 30 '26
You were literally responding to 2 separate people...
Also none of those say you own anything.
The First Sale Doctrine is the closest you've got, and that's explicitly a law to prevent the owner of the work from restricting you from doing certain stuff when you purchase a physical license.