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this post was submitted on 28 Nov 2024
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I haven't seen the agreement itself, but I've never seen anything to lead me to believe it didn't apply to non-steam key sales. EGS doesn't sell Steam keys but games still can't be listed for cheaper on EGS than Steam without violating Steam's terms, for example.
I really don't think there's any way to reasonably argue that Steam should have to give out Steam keys for cheaper sale elsewhere. They're paying for the servers, they're paying for the Steam features, they're paying for the advertising; it stands to reason that people shouldn't be able to take advantage of that. Even if it was ruled this way, all Steam would have to do is discontinue the free Steam key distribution and instead charge 30% of the game's price to generate keys, then remove the MFN clause. They'd still get their cut.
But are devs allowed to sell for cheaper on Epic? I haven't see any evidence that they aren't. On the othet hand, I can point to multiple examples where games are cheaper, on other services like the examples I gave, which seems to disprove this.
Thats why I was asking for evidence. Because so far, there is quite a bit of evidence that devs are allowed to chose their prices on other distribution channels, and to my knowledge, no real evidence made available that it is written in contract otherwise.
My understanding (again only based on articles from the past 2+ years that this lawsuit has been in the works) is that it isn't codified in their agreements at all, but that they can / have either removed games from the store, or removed them from promotion (meaning you could find the game if you searched for it, but it would never show up on the storefront, for instance) in response to games being listed elsewhere cheaper. That's kind of part of the basis for this lawsuit, by my understanding - I've read that they're using those examples as evidence against Steam that they're acting anti-competitively.
Ill double check the available documents, and edit this comment, but at least when I last checked like six months ago, they only had one example, and it was Steam warning a developer for giving away free copies (if I remember right, Steam keys) on their Discord. I never saw any other solid evidence.
It's all hearsay; anyone with a search engine can find articles making claims but what's accurate or not is anyone's guess. It's all we've got to go on until the trial, most likely.
Okay, to reverse the question then - have you ever seen anything that supports there being something contractual to say thar non--Steam copies can't be sold at lower prices? Like, the terms you mention above? I've read the public docs, and can find nothing.
I can think of multiple times when, e.g. Ubisoft games, Rockstar games, have been sold on EGS or their own launcher for far cheaper than the version on Steam - so we're both supported by anecdata, here.
There's been a lot of articles and discussion about it since this lawsuit first showed up, and the general gist that I've seen is that:
They seem to handle it on a case by case basis, but in those cases it's definitely not been restricted only to the sale of Steam keys. They just don't have any firm legalese to refer to here that I'm aware of.