this post was submitted on 06 Dec 2023
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Steam already tried to argue before EU courts that they're leasing, not selling, and it's not flying not because any wording but because they sell stuff for fixed rates, not recurring fees.
They're still appealing that "you have to let players sell games" decision, maybe another two or three years until they have to cave. Not sure how much of that is steam wanting to do that vs. steam wanting to look good in the eyes of publishers who of course dislike the 2nd hand market much more than stores, those can earn a buck off it by being a middleman.
Or knowing that it's essentially impossible to do with 99.99% of games currently on Steam. So, it might just be that they want to avoid the massive headache of having to renegotiate deals with thousands of publishers over millions of games.
The publisher wouldn't be able to enforce that stuff, doing that would be illegal for the same reason as Steam not allowing sales. Neither is permitted to keep end user licenses hostage.