Is it legal to resell digital games?
In the state of Washington, the legal answer to whether reselling digital games is legal is a bit complicated. It depends on the specific circumstances of the game being resold. Generally, it is legal to resell physical copies of video games, as long as the original terms of sale permits it. On the other hand, reselling digital copies of games is more of a gray area. The first thing to consider when reselling digital games is the Terms of Service (ToS) from the digital game platform. For example, the Microsoft Store’s ToS states that digital games are non-refundable, non-returnable, and non-transferable. Therefore, reselling digital games purchased from the Microsoft Store is not allowed. As for other types of digital games, such as online or downloadable PC games, the law is even more likely to be in favor of the original corresponding game companies. These game companies hold the rights to the software and generally do not allow it to be resold. Therefore, while the laws surrounding reselling digital games in Washington are still murky, the safest option is to assume that reselling is illegal, unless the Terms of Service explicitly allow it.
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