Originally Posted by
Daniel Thomas
Either Microsoft has completely lost their minds, or they are very confident in their lawyers. They must believe that they have a loophole that escapes the First Sale Doctrine that applies to packaged goods. Note how games won't actually run from the discs, but must be installed to the hard drive, like a PC. Perhaps this is MS' argument? I think it's a bullpucky argument, but that's just me. This issue will probably be settled in the courts.
Right now, the real question is Sony. Will they follow the same or similar policies, and restrict used/borrowed games? On one hand, the game industry is strongly in favor of restricting used sales; at the very least, they want a cut from used sales. This is because they're desperate for money, as production and marketing budgets continue to spiral out of control. Everyone's desperate for money and nobody seems willing to stop the graphics arms race (even though most consumers stopped caring years ago).
On the other hand, Sony sees the writing on the wall, and if Microsoft takes that decisive step to restrict used/borrowed games, it creates a massive opportunity for a rival to exploit. Sony could become the champion of used games, and they would defeat MS more or less instantly. They know they'll win the loyalty of consumers, hardcore gamers, and retailers like Gamestop. After the financial meltdown of PS3, this is just the break Sony desperately needs.
If nothing else, this is going to be a far more entertaining E3 than anyone expected. If Nintendo was smart, they'd wait for Sony and MS' press events, then quickly announce a $149 Wii U "Core" model that replaces the tablet with a Wiimote and Super Mario U. Unfortunately, this isn't a very smart business. Ah, well.
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