Valve was fined €1.6 million ($1.7 million) for obstructing the sale of certain PC video games outside Europe. However, the company pleaded not guilty.
Wait, outside Europe?
Some countries make it illegal to buy certain video games. If Valve can’t geoblock sale of them outside Europe, how are they supposed to conform with both sets of laws?
I remember that the EU didn’t want country-specific pricing inside the EU, and had some case over that. That I get, because I can see the EU having an interest in not wanting it creating problems for mobility around the EU. But I hadn’t heard about the EU going after vendors for not selling things outside Europe.
Okay this article is shittily worded and the Bloomberg article it links to is paywalled so I found this which goes into much greater detail.
TLDR: Valve and five other publisher’s were blocking activation of keys sold to people/distributors from distributors/vendors who purchased them from cheaper regions.
I think they meant sale of region specific games not being available to EU citizen living outside Europe
But retail law attaches to a location, not to citizenship. Why would the EU be mandating sale of things in other regions? I mean, it’s not like the US says “if an American citizen is living in the EU, then vendors operating in the EU must follow American retail law when selling to him”.
EDIT: Okay, I went looking for another article.
Steam specifies in its terms of use that it is prohibited to use a VPN or equivalent to change your location on the platform. Except that it takes the case of the activation of a game given to you by someone and sent to your account. Following Europe’s decision, this should technically change and it would be possible to change region in Steam directly to buy a game then activate it in France. Valve has not made a comment at this time.
Hmm. Okay, if that is an accurate summary – and I am not sure that it is – that seems like the EU is saying “you must be able to use a VPN to buy something anywhere in the world, then activate it in Europe”. Yeah, I can definitely see Valve objecting to that, because that’d kill their ability to have one price in the (wealthy) EU and one in (poor) Eritrea, say. Someone in France would just VPN to Eritrea, buy at Eritrean prices, and then use it in France. The ability to have region-specific pricing is significant for digital goods, where almost all the costs are the fixed development costs.
thinks
If that is an accurate representation of the situation, that seems like it’d be pretty problematic for not just Valve, but also other digital vendors, since it’d basically force EU prices to be the same as the lowest prices that they could sell a digital product at in the world. I don’t know how one would deal with that. I guess that they could make an EU-based company (“Valve Germany”) or something that sells in the EU, and have a separate company that does international sales and does not sell in the EU.
I mean, otherwise a vendor is either going to not be able to offer something in Eritrea (using it as a stand-in for random poor countries), is going to have to sell it at a price that is going to be completely unaffordable to Eritreans, or is going to have to take a huge hit on pricing in the EU.
I’m a little suspicious that this isn’t a complete summary of the situation, though; that seems like it’d create too many issues.
EDIT2: Though looking at my linked-to article, it seems to be that the author is saying that that’s exactly what the situation is.
Is this going to impact their ability to offer region-specific pricing?
Within the EU, kind of. This doesn’t prevent Steam from offering different prices by region, but they must allow users to log into different regions to make purchases at the localised prices. In practise, like all other products and services in the EU, prices will harmonise. In other words, they’ll rise in some countries, and drop in others. There are a litany of benefits for the EU single market, so this law will not change. Valve must adapt.
Rising costs for poorer member states sure sounds like a great benefit of this short sighted system.
