We recently reported on Steam’s new licensing disclosure notice—a message that explains how you don’t really own software purchases made on the Steam storefront. Now, GOG is taking the opportunity to remind gamers of its friendlier, DRM-free business model.
In a tweet, GOG shared a modified screenshot of its checkout page with a notice stating, “a purchase of a digital product on GOG grants you its Offline Installers, which can not be taken away from you.” This proposed banner, which appears to be more a marketing opportunity than a genuine proposal, starkly contrasts the notice that now appears on Steam’s checkout page: “a purchase of a digital product grants a license for the product on Steam.”
Now, technically speaking, you do not legally own games that you purchase from GOG. Purchased games are licensed to you in perpetuity, just as they are on Steam. This is standard practice for software. Even if you buy the CD-ROM version of Civilization at Walmart, or whatever, you’re bound by the licensing agreement of the game’s publisher.
But a game publisher cannot walk into your home and remove a CD-ROM from your shelf. Physical copies of games with offline installers are the closest thing we get to “ownership.” And that’s what makes GOG special—it’s a digital-only storefront, of course, but it allows you to download offline installers without DRM. Your offline installer can be transferred between machines, backed up in the cloud, burned to a disc, saved to an external HDD—you can do whatever you want with it so long as you don’t violate the EULA or basic copyright law. A game publisher can’t take an offline installer away from you, and the installer will continue to work if GOG goes out of business.
Naturally, there are some caveats to GOG’s business model. Games that rely on online functionality may “stop working” whenever the publisher decides to turn off its servers. And offline installers, while great, can eat up a ton of storage. The average GOG customer should back up their offline installers to the cloud or an external drive, but many do not.
I should also clarify that Steam’s licensing notice is in response to California Assembly Bill 2426 (AB2426), which forces digital storefronts to disclose when a purchase does not constitute legal ownership. AB2426 was signed into law last month and will be enforced starting next year—as a company that sells software licenses, GOG will be forced to comply with the California law. It’s not clear that GOG’s proposed checkout banner would fit California’s legal requirements. It makes no mention of licensing, and the claim that offline installers “cannot be taken away from you” could be misconstrued as “you own the game,” thereby undermining the purpose of AB2426.
I agree with the sentiment of GOG’s proposed checkout banner—which is admittedly more of a meme-era marketing opportunity than a real proposal—but I worry that consumers aren’t hearing the full picture. I also worry that GOG will face some backlash when it inevitably sets up a more appropriate, more Steam-like licensing disclosure.
GOG is a valuable asset in the world of PC gaming. Not only does it have a friendlier business model than the competition, but it’s one of the best storefronts for retro titles. While gamers should be reminded of GOG, they should also understand the boundaries of their digital purchases.
Source: GOG via Windows Central
