>>105701871The EU's legal model of selling products doesn't acknowledge the construct of buying a license.
It acknowledges four types of product: physical goods, physical services, digital content, or digital services.
In the case of digital content you purchase a copy of the digital content and you actually OWN that copy. Even in case of a pure digital copy, without physical storage medium you own the ephemeral bytes and you cannot be denied access to them. This was a corrolary of UsedSoft vs Oracle.
The presence of a license is treated as simple ancillary general terms and conditions that apply to the contract of sale, but the product you are buying is the actual digital content.
A digital service can be something where you only buy access to something.
And this WOULD be what Steam is doing, if not for the reason that the waiver on the EU right of withdrawal applies strictly to only digital content, and NOT to digital services.
And as Steam requests users to waive their 14-day right of withdrawal at check-out, they cannot - legally - be selling you a digital service.
Therefore they must be selling you digital content. And thus you have ownership rights over the bytes of that copy.
It's either that, or they have retro-actively been breaking the law for 15 years, have been actively misinforming consumers over their given rights for 15 years, and are running the risk of EVERY purchase on the platform for the last 15 years becoming flagged as subject to lies of ommission under the Unfair Commercial Practices Directive - which opens all of it up to being trivially annulled in court at which point everyone can pick and choose which games they want a full refund for by seeking annulment on those contracts.
So- if push comes to shove, me thinks Valve would opt for the "no no, in the EU-territories specifically you're actually buying the copy and you own it" escape-hatch.