• Excrubulent@slrpnk.net
    link
    fedilink
    English
    arrow-up
    92
    arrow-down
    7
    ·
    edit-2
    1 year ago

    EDIT: If it’s true that Valve is also refusing to sell games that are sold for a lower price in other stores where steam keys are not being sold then I think there’s definitely a case here. I didn’t understand that was their policy but if so it sucks and I take back anything good I said about them being permissive. Thanks to this comment for finding the exact language in the lawsuit that alleges this.


    I’d be interested to see what Wolfire’s case is, if there’s more to it that I don’t know about I’d love to understand, but if the article is characterising their case accurately…

    claiming that Valve suppresses competition in the PC gaming market through the dominance of Steam, while using it to extract “an extraordinarily high cut from nearly every sale that passes through its store.”

    …then I don’t think this will work out because Valve hasn’t engaged in monopolistic behaviour.

    This is mainly because of their extremely permissive approach to game keys. The way it works is, a developer can generate as many keys as they want, give them out for free, sell them on other stores or their own site, for any discount, whatever, and Steam will honour those keys and serve up the data to all customers no questions asked. The only real stipulation for all of this is that the game must also be available for sale on the Steam storefront where a 30% cut is taken for any sale. That’s it.

    Whilst they might theoretically have a monopoly based on market share, as long as they continue to allow other parties to trade in their keys, they aren’t suppressing competition. I think this policy is largely responsible for the existence of storefronts like Humble, Fanatical, Green Man Gaming and quite a number of others. If they changed this policy or started to enshittify things, the game distribution landscape would change overnight. The reason they haven’t enshittified for so long is probably because they don’t have public shareholders.

    To be clear I’m against capitalism and capitalists, even the non-publicly-traded non-corporate type like Valve. I am in fact a bit embarrassed of my take on reddit about 7 or 8 years ago that they were special because they were “private and not public”. Ew, I mean even if Gabe is some special perfect unicorn billionaire that would never do any wrong, when he’s gone Valve will go to someone who might cave to the temptation to go public. I honestly think copyright in general should be abolished. As long as copyright exists I’d love to see better laws around digital copies that allow people to truly own and trade their copies for instance, and not just perpetually rent them. I just don’t see this case achieving much.

    • AlexWIWA@lemmy.ml
      link
      fedilink
      English
      arrow-up
      14
      ·
      1 year ago

      I’m so worried about what will happen to Steam when Gabe dies. I really hope he has a successor picked out who is as ideologically stringent. Otherwise I’m going to lose a huge library.

    • Spedwell@lemmy.world
      link
      fedilink
      English
      arrow-up
      5
      ·
      1 year ago

      I was under the impression that the policy required a game’s price to be the same on all marketplaces, even if it’s not a steam key being purchased. I.e. a $60 game on steam must sell for $60 off-platform, including on the publisher’s own launcher.

      I just went to double check my interpretation, but the case brief by Mason LLP’s site doesn’t really specify.

      If it only applies to steam keys, as you say, then I agree they don’t really have a case since it’s Steam that must supply distribution and other services.

      But, if the policy applies to independent marketplaces, then it should be obvious that it is anticompetitive. The price on every platform is driven up to compensate for Steam’s 30% fees, even if that particular platform doesn’t attempt to provide services equivalent to Steam.

      • Rose@lemmy.world
        link
        fedilink
        English
        arrow-up
        7
        ·
        1 year ago

        According to a Valve quote from the complaint (p. 55), it applies to everything:

        In response to one inquiry from a game publisher, in another example, Valve explained: “We basically see any selling of the game on PC, Steam key or not, as a part of the same shared PC market- so even if you weren’t using Steam keys, we’d just choose to stop selling a game if it was always running discounts of 75% off on one store but 50% off on ours. . . .”

        • Excrubulent@slrpnk.net
          link
          fedilink
          English
          arrow-up
          4
          ·
          1 year ago

          Wow, that’s some good research! I’ll edit my comment about this, I don’t think my glowing description of their policy should stand without this info.

          • Maalus@lemmy.world
            link
            fedilink
            English
            arrow-up
            2
            ·
            1 year ago

            Does it though? It seems like Valve is targetting the fact, that you can’t run the same game on a different platform for different amounts. So if Valve gets 30%, and some other store gets less, then they ask you to not run it cheaper. I.e. you can’t sell on both stores for $40, and then set a permanent -30% sale there.

            • Sparking@lemm.ee
              link
              fedilink
              English
              arrow-up
              4
              ·
              1 year ago

              What right does valve have to discriminate against devs and publishers who are selling their game on other platforms? They have to compete for their business, not punish them for having a game that is more successful on another store that gives a higher revenue cut to the dev and a lower price to the customer.

              • Mossy Feathers (She/They)@pawb.social
                link
                fedilink
                English
                arrow-up
                2
                ·
                1 year ago

                I think the reason why valve is doing this is because people might buy a game at a higher price, either on Steam or another storefront, and then complain that it was cheaper on Steam or another storefront and start demanding refunds or demand that Valve reduce the game’s price on steam.

                What do you do then?

                If you don’t address it, you’re automatically seen as the asshole even if it was the developer’s choice.

                You can give out refunds, which makes you look like the good guy, but that also looks bad to companies like Visa or PayPal (my understanding is that large numbers of refunds tend to look bad to payment processors, even if the refund was initiated from the company and not the consumer). Granted, Valve is a big enough company that they shouldn’t have issues with that kinda thing, especially since they already offer refunds, but my understanding is that it still doesn’t look good to payment processors and can make them upset.

                You can ask the developer to reduce the price on steam, but what if the dev says no?

                You can force the dev to reduce the price, but now you’re even more of an asshole.

                You can lower the cost on your storefront and cover the difference yourself, but now you’re potentially losing money. That, if I’m not mistaken, is actually anti-competative from a legal standpoint.

                You’re kinda screwed if you’re trying to be the good guy.

                That’s not even getting into how bad it looks if it’s cheaper on steam than somewhere else when you have a marketshare as large as Valve’s.

                • Sparking@lemm.ee
                  link
                  fedilink
                  English
                  arrow-up
                  1
                  ·
                  1 year ago

                  So what? Who cares if it “looks bad”? They have to compete on service. They need to find out why devs want to sell on steam at a higher price.

                  If other platforms want to compete in ways that make prices lower for customers lower for customers, so be it.

              • Maalus@lemmy.world
                link
                fedilink
                English
                arrow-up
                2
                arrow-down
                1
                ·
                1 year ago

                The same right as epic games has to prevent a game from going on Steam, or anywhere else, for the first year.

                • Sparking@lemm.ee
                  link
                  fedilink
                  English
                  arrow-up
                  1
                  arrow-down
                  2
                  ·
                  1 year ago

                  They usually sign an exclusivity deal in exchange for funding the development of the game. David is alleging that steam pressured him in ways not covered by steam ToS. It’s not like valve funded development of receiver.

            • Spedwell@lemmy.world
              link
              fedilink
              English
              arrow-up
              1
              ·
              edit-2
              1 year ago

              Yes, that is problematic. Not by itself, but coupled with a large captive userbase it is. As an example:

              Let’s say you want to start a game marketplace, which simply runs a storefront and content distribution—you specifically don’t want to run a workshop, friends network, video streaming, or peer multiplayer. Because you don’t offer these other services, you keep costs down, and can charge a 5% fee instead of a 30%.

              With Steam’s policy, publishers may choose to:

              1. List on your platform at $45, and forego the userbase of Steam
              2. List on Steam and your platform at $60, and forego the reduced costs your platform could offer

              Obviously, pricing is much more sophisticated than this. You’d have to account for change in sales volume and all. Point is, though, that publishers (and consumers!) cannot take advantage of alternative marketplaces that offer fewer services at lower cost.

              The question the court has to answer is whether the userbase/market share captured by Steam causes choice (2) to be de-facto necessary for a game to succeed commercially. If so, then the policy would be the misuse of market dominance to stifle competition.

              And I think Wolfire might be able to successfully argue that.

                • Spedwell@lemmy.world
                  link
                  fedilink
                  English
                  arrow-up
                  1
                  ·
                  edit-2
                  1 year ago

                  This… misses the point? Of course the can not sell on Steam. That’s always an option.

                  The antitrust aspect of all of this is that Steam is the de-facto marketplace, consumers are stubborn and habitual and aren’t as likely purchase games less-known platforms, and that a publisher opting not to sell on Steam might have a negative influence on the games success.

                  If that consumer inertia gives Steam an undue advantage that wouldn’t be present in a properly competitive market, then it there is an antitrust case to be made, full stop. At this point, the court will decide if the advantage is significant enough to warrant any action, so there’s really no need for us to argue further.

                  But I really don’t like seeing Wolfire—which is a great pro-consumer and pro-open-source studio—having their reputation tarnished just because Lemmyites have a knee-jerk reaction to bend over and take it from Valve just because Steam is a good platform.

                  • Maalus@lemmy.world
                    link
                    fedilink
                    English
                    arrow-up
                    2
                    arrow-down
                    1
                    ·
                    1 year ago

                    Can I create a shitty service that only me and my brother use, and then sue Steam cause they have more players? It’s a dumb lawsuit, plain and simple

                • Sparking@lemm.ee
                  link
                  fedilink
                  English
                  arrow-up
                  1
                  ·
                  1 year ago

                  Steam runs weekly deals and daily sales all the time. I doubt they have to check with gog.

      • MrSqueezles@lemm.ee
        link
        fedilink
        English
        arrow-up
        6
        arrow-down
        1
        ·
        1 year ago

        This is kind of necessary. You could open a store just selling Steam keys. You get Steam’s software distribution, installed user base, networking for free and pay nothing to them. Steam is selling all of those services for a 30% cut. Since your overhead is $0, you can take just a 1% fee and still turn a profit because Valve is covering 99% of your costs.

        Steam could disable keys or start charging fees for them. As long as they’re being this ridiculously generous and permitting publishers to have them for free, some limitation makes sense.

        I’m dubious, though. There must be a provision for promotional pricing. I’ve definitely bought keys for less than Steam prices.

        • Spedwell@lemmy.world
          link
          fedilink
          English
          arrow-up
          1
          ·
          1 year ago

          As I said, Steam would be in their rights to enforce that pricing policy for Steam keys, because they provide distribution and platform services for that product after it sells.

          But as @Rose clarified, it applies to not just Steam keys, but any game copy sold and distributed by an independent platform. Steam should not have any legitimate claim to determining the pricing within another platform.

      • Sparking@lemm.ee
        link
        fedilink
        English
        arrow-up
        2
        ·
        1 year ago

        David said in a blog post that the suit is specifically alleging price fixing tactics for other platforms that aren’t key sellers, but sell the whole game. Whether that holds up in court - we will see.

    • ActionHank@sopuli.xyz
      link
      fedilink
      English
      arrow-up
      4
      arrow-down
      11
      ·
      edit-2
      1 year ago

      Copyright is a tool that gives creators the ability to commercialize their work. That its spirit, nothing more. The abolishment of copyright would be in no way productive imo. At least in the US, we have a lifetime for exclusive rights, at which point the material moves into the public domain. It really seems like a good system to me. If anyone could sell the thing you just spent time and money creating for free, there would be little incentive to create the thing. And its existence doesn’t at all prevent people from offering their creations for free use, by placing directly into the public domain.

      • Gabu@lemmy.world
        link
        fedilink
        English
        arrow-up
        9
        arrow-down
        4
        ·
        1 year ago

        If anyone could sell the thing you just spent time and money creating for free, there would be little incentive to create the thing

        In one sentence, you’ve already demonstrated that you don’t understand artists at all.

        • BURN@lemmy.world
          link
          fedilink
          English
          arrow-up
          2
          arrow-down
          2
          ·
          1 year ago

          No, he understands just fine

          Artists might create out of love, but they’re not going to share it for free so someone else can make a profit

            • BURN@lemmy.world
              link
              fedilink
              English
              arrow-up
              2
              arrow-down
              2
              ·
              1 year ago

              Not all artists do

              I’m glad your line of work allows you to make a living, but the same model doesn’t work for everyone.

        • ActionHank@sopuli.xyz
          link
          fedilink
          English
          arrow-up
          2
          arrow-down
          3
          ·
          edit-2
          1 year ago

          You misunderstand me. Artists want to be able to dedicate themselves to the development and creation of their art. Unfortunately that requires money. For most people (poor people) the only way to both be making art non-stop, and be able to live at a somewhat normal standard, is to get paid while doing it.

          I know many artists. I art majored. Everyone is trying to find a way to make it viable, by figuring out what they are able to sell. Sure, yeah, its for the love of art. It can only be so when you have someone paying your way, or you’re already retired. If your making art as a hobby and a hobby alone, you probably care little about conversations of IP. For one, because your original work is protected immediately upon creation, and for two, IP is about protecting commercial interests. You made the thing for no reason than to satisfy your own interest. You don’t really care if anyone paid you or not, you would have done it anyways, therefore IP doesn’t really concern your hobby. As soon as you take the thing to gallery, and put a price tag on it, you’re no different than anyone else trying to see what they can make a buck off of.

          I’ve been on both sides of it, giving one form of art away, while seeing if I could make a living off of an another. Commercial art was not for me. But I respect what IP protection provides to those who do choose to commercialize.

        • QuaternionsRock@lemmy.world
          link
          fedilink
          English
          arrow-up
          6
          arrow-down
          8
          ·
          1 year ago

          In one sentence, you’ve already demonstrated that you don’t understand how artists subsist at all. You’ve also confused the word “incentive” with “motivation”.

            • QuaternionsRock@lemmy.world
              link
              fedilink
              English
              arrow-up
              4
              arrow-down
              2
              ·
              1 year ago

              Look, I understand that money isn’t the primary incentive for (hopefully all) artists. But I don’t think a system where you effectively cannot make a living as a full-time artist is beneficial for society either. Since you’re an artist, can I ask how you subsist without an alternative source of income?

              • Gabu@lemmy.world
                link
                fedilink
                English
                arrow-up
                3
                arrow-down
                1
                ·
                1 year ago

                Commissions don’t give a damn about copyright. The end product is made specifically to please one person and reproductions are already worthless, since only Jimbo wants an impressionist picture of Blue Eyes White Dragon wearing a tutu. Jimbo ends up happy, since he got his picture, I end up happy, as Jimbo pays me for the time it took to paint it, and anyone else that manages to copy it can be happy as well.

                • QuaternionsRock@lemmy.world
                  link
                  fedilink
                  English
                  arrow-up
                  4
                  arrow-down
                  1
                  ·
                  1 year ago

                  I’m happy that you’re able to work on commission, but with all due respect, your logic is somewhat specific to your chosen medium. Various other forms of art—novels come to mind—would not be so unaffected.

                  • Gabu@lemmy.world
                    link
                    fedilink
                    English
                    arrow-up
                    2
                    arrow-down
                    1
                    ·
                    1 year ago

                    Not only would they, they already are - that’s what crowd funding like Patreon is for, and it’s also how it gets used. There are hundreds of thousands of sites sharing “copyrighted” material produced for supporters, and yet no artist bothers going after them, because it’s irrelevant. The people who want that content enough to pay for it do so, anyone else is just tagging along for the ride.

      • mnemonicmonkeys@sh.itjust.works
        link
        fedilink
        English
        arrow-up
        3
        ·
        edit-2
        1 year ago

        At least in the US, we have a lifetime for exclusive rights, at which point the material moves into the public domain. It really seems like a good system to me.

        It’s not a good system to have it be 50 years past the death of the creator. Having access to content in public domain has historically caused art to flourish by serving as a base for creators to build off of. But for the past few decades companies have been plundering from public domain while not contributing anything back.

        Our original copyright system in the US gave a baseline 17 years of copyright, with an additional 17 years extension that you could apply to. 34 years is a perfectly fair span of time to get value out of your creation because nobody is going to wait that long to get access to art they want. But it also ensured that the public domain continually had new content added that wasn’t completely antiquated. This is the system we should be pushing to return to.

        • ActionHank@sopuli.xyz
          link
          fedilink
          English
          arrow-up
          1
          arrow-down
          3
          ·
          edit-2
          1 year ago

          My quote is aligned with your statement. I didn’t say anything specific about what the lifetime should be. Just that I believe its good that there is one. Maybe 50 years is too long. Maybe 34 year is too long too. That number is the compromise line for two competing interests. People will always be pulling in the direction that serves their own.

      • Excrubulent@slrpnk.net
        link
        fedilink
        English
        arrow-up
        4
        arrow-down
        1
        ·
        1 year ago

        Copyright is a tool that gives creators the ability to commercialize their work. That its spirit, nothing more.

        That’s what we are told is the purpose because otherwise we wouldn’t accept its existence. In practice it doesn’t work that way. The persistent story is that artists get very little compensation whilst whichever large entity is acting as the middleman for their copyright - often owning it outright despite doing nothing to make it - takes the vast majority of the profit.

        It is a tool of corporate control, nothing more. Without copyright there would be no way a middleman could insert themselves and ripoff artists, take their money, and compromise their work with financially-driven studio meddling.

        And the idea that the “spirit” of copyright is for artists, that completely falls apart when you understand that modern copyright terms exist almost entirely to profit one company’s IP - Disney is just delaying the transfer of Mickey Mouse into the public domain. That’s why copyright is now lifetime +75 years, or something ridiculous like that. That is not for artists to be compensated. Mickey Mouse isn’t going to be unmade when that happens. If Disney can’t operate as a business with all the time and market share they’ve built then they should just go under. There’s no justification for it beyond corporate greed.

        Also without copyright there couldn’t be monopolies like Disney buying Fox, Marvel and Star Wars. That is an absurd situation and should be an indication that antitrust is effectively gone.

        And as for artists getting paid, we’re transitioning more and more to a patron model, where people are paid just to create, and release most of their work for free with some token level of patron interaction. You don’t need copyright for that.

        • ActionHank@sopuli.xyz
          link
          fedilink
          English
          arrow-up
          1
          arrow-down
          4
          ·
          edit-2
          1 year ago

          Artists enter into contracts with publishers willingly. Their work is not stolen. If it was they could easily win a court case for infringement. They bargain their rights because they’re eager for a shot at money. It is very hard breakout without one, if that’s your goal. Consolidation of the networks is a completely different debate, and I agree its egregious and they need to be broken up. But no one is preventing anyone from creating a new super hero, or sci-fi universe. It happens every day, you just have to search a little harder because big networks aren’t paying millions of dollars to put some unknown indie author’s work in your social feed.

          • Excrubulent@slrpnk.net
            link
            fedilink
            English
            arrow-up
            4
            arrow-down
            1
            ·
            edit-2
            1 year ago

            They bargain their rights because they’re eager for a shot at money. It is very hard breakout without one, if that’s your goal.

            It’s incredible that you can say this and not understand that this is exactly why the relationship is coercive and gets abused.

            Plenty of horrible things are legal; that is not the measure of what is good. Our entire economic system exists to benefit those with money. It’s always been that way. Can you guess who it was that decided we should have a political system that gives power to people based on how much money they have? It wasn’t poor people. Capitalism inherently drives towards monopolies.

      • Jarix@lemmy.world
        link
        fedilink
        English
        arrow-up
        2
        ·
        1 year ago

        It wouldn’t be a problem if you didn’t need to sell the things you make and could just give them away.

        So copyright is only useful to protect your profits. There are many people who put effort into many things not because they expect to make money but because of the act of doing it.

        Just something to think about, not really sure what point im trying to make