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

[TwelveozPlaya21]

I Don't know what the big deal is about EA right now, just sell the game early they act as if they wait till the 12th they will sell extra couples. The people that planned on buying it on the 12th are gonna buy it whenever it comes out. It's already sitting in the stores collecting dust in the boxes.

[ChicagoSparty]

Quote: Originally Posted by BezO

This is it right here, except that it is a law. It's just a civil law as opposed to criminal law.

It's not "a law," civil or otherwise. It's just a contractual agreement to pay certain liquidated damages if in violation of the contract. Once the party is found to have breached the contract, the damages flow therefrom.

That's the law, but the contract certainly does not create a law, if that makes sense.

[OHguy00]

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.

Exactly. People should have just said to PM them to find out where they got the game. I'm sure EA has people looking over a lot of message boards.

Quote: Originally Posted by ycbs

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.

It was an EB store. For a store like Target or Walmart, I would think the company rules would be a little more lax. If the person knowingly violates the release date, they would be fired. More often than not, it takes the cease and desist letter from the publisher to cause a termination for "unwittingly" selling games early.

Quote: Originally Posted by OHguy00

Exactly. People should have just said to PM them to find out where they got the game. I'm sure EA has people looking over a lot of message boards.

EA doesn't care about message boards. They'll pay someone to go into a store and buy the game before the release date. If an EA empolyee sees something on a board, they may notify EA, who might send a shopper to the store, but it's mostly from firsthand reports from the secret shopper.

[ycbs]

Quote: Originally Posted by ObiWanJenkins

It was an EB store. For a store like Target or Walmart, I would think the company rules would be a little more lax. If the person knowingly violates the release date, they would be fired. More often than not, it takes the cease and desist letter from the publisher to cause a termination for "unwittingly" selling games early.

That's why I don't think anyone is getting fired over NCAA 2006. The stores that know better (EB, Gamestop, etc.) haven't leaked any out yet that I've heard of. Haven't heard of any from Wal-Mart, either, but that's not surprising given the new alliance (of evil? ) between them and EA.

[Kizzak]

Quote: Originally Posted by ObiWanJenkins

Mostly it's the kids the publishers pay to buy games early. So much of it goes unreported.

Actually the other way is when a store in a certain area hears about another store breaking release date (happens pretty often), and so then they call up and complain to EA. I would assume the second part of their phone call involves trying to get EA to let them break the release date without penalty because another store in the area is already selling.

[BezO]

Quote: Originally Posted by ChicagoSparty

It's not "a law," civil or otherwise. It's just a contractual agreement to pay certain liquidated damages if in violation of the contract. Once the party is found to have breached the contract, the damages flow therefrom. That's the law, but the contract certainly does not create a law, if that makes sense.

You're not disagreeing with me. I'm not saying a contract is law. I'm saying breach of contract is against civil law. Just like misrepresentation, negligence, ect.

Maybe I should've made it clearer, but I thought "guilty of breach of contract" explained what I was referring to as law.