Is selling a video game before the release date really Illegal?

[coogrfan]

Quote: Originally Posted by Aaenuel

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[BezO]

Quote: Originally Posted by ObiWanJenkins

The publisher of the game "fines" them. It's not really illegal per say, but there is a contract. If the store sells the game early, the store is in breach of said contract.

This is it right here, except that it is a law. It's just a civil law as opposed to criminal law. A court will uphold any legal and reasonable penalties stated in the contract if a party is found guilty of Breach of Contract.

I wouldn't be surprised if court cost, stock fees, advertisement cost, damages and other related expenses were penalties included in the contract. But "fines" usually come from some type of governing body, not the other party in a contract.

[BezO]

Quote: Originally Posted by Furq

In the end though EA ismaking their money either way, I'm sure they'd rather have the game sold early then not send copies out to a retail chain which would reduce their overall sales. dunno

Yes, EA would probably make their money, but that's not the point. EA has a street date for a reason. I'm sure EA feels that their street date builds hype, thus boosts sales. If EA were to suffer any damages, they could sue and win.

As for pulling the game from a chain's shelves, people that want the game will buy the game from somewhere else. Another chain, online, ect. The only loser would be that particular chain. I'm not sure what their mark-up is, but I'm sure EA products make a lot of money for these gaming stores.

[BezO]

Quote: Originally Posted by SoMiss2000

I'm still trying to figure out how the developer would find out. I guess if people didn't post where they got the game, it would be cool.

Word of mouth, inventory request, ect.

[Aggies7]

I was also told by many stores that it was illegal to sell me a copy of the game, I called about 15 stores and finally found a place to get it. And of course I keep my mouth shut and didnt ask them why they were aloud to sell it. I was going to get an extra copy and try and sell it, but I dont wanna get in trouble if EA finds out and says that it is illegal. Good Luck to all finding a retailer that doesnt think its illegal.

Quote: Originally Posted by ycbs

And all this crap about people getting fired over this is BS, too. If someone gets fired for this it's really because of other reasons, but the boss is using this as the excuse. Unless you can prove the employee knowingly and willfully broke a rule, nobody's getting fired.

You're wrong about that. I know of a store that broke the rules and the manager, the assistant manager, and three employees were fired for this very thing. EA sends a letter saying someone witnessed it, and the chain will take action. Considering most states are right to hire/right to fire, there really doesn't have to be a reason.

[dagger55]

i emailed a question the ign xbox mailbag, and he answered it!
http://xbox.ign.com/mail/

Quote:

Broken Hey, Just wanted to let you know that there are some stores who have broken the street date for NCAA 2006, and a few lucky gamers (including myself) have stumbled upon copies. There is a rumor floating around the Internet that companies will be fined $10,000 per copy sold before the 12th. Is there any truth to that, or a just a scare tactic by EA? If EA wanted to live by that firm street date, they shouldn't have sent out copies two weeks in advance. Do most companies like EA threaten gaming stores with fines like this all the time, or is this EA trying to flex their muscle? Thanks and keep up the great site! Seriously, I don't know. But I wouldn't put it past any publisher to do that. But there are more and more people likely to break it just to be sneaky. There are so many more people playing games these days who have no connection to the companies that make them, whether it be a favorite developer or publisher, whatever. They're just people who want to be entertained, and if they think they won't get caught, they'll grab a copy. I think that if there are only a few copies that go out, instead of a wide rampage of them, then EA might not notice.

[ycbs]

Quote: Originally Posted by ObiWanJenkins

You're wrong about that. I know of a store that broke the rules and the manager, the assistant manager, and three employees were fired for this very thing. EA sends a letter saying someone witnessed it, and the chain will take action. Considering most states are right to hire/right to fire, there really doesn't have to be a reason.

What chain? I can see if it's a game store, because this is their bread and butter and they have no excuse for not knowing a street date, but I seriously doubt if a Target or other non-game specialty store would fire someone for selling the game unwittingly.