Battle of the titans -- ACCC is suing Valve!

Ever been stung by a bad purchase on Steam? Did you ever spend money on a game so horribly broken and half baked that you wish you could get a refund? Well rejoice — ACCC is taking action

http://www.kotaku.com.au/2014/08/the-accc-is-suing-valve/

The ACCC alleges that Valve made false or misleading representations to Australian customers of Steam that:

  • consumers were not entitled to a refund for any games sold by Valve via Steam in any circumstances;
  • Valve had excluded, restricted or modified statutory guarantees and/or warranties that goods would be of acceptable quality;
  • Valve was not under any obligation to repair, replace or provide a refund for a game where the consumer had not contacted and attempted to resolve the problem with the computer game developer; and the statutory consumer guarantees did not apply to games sold by Valve.

to which Valve responded

"As with most software products, unless required by local law, we do not offer refunds or exchanges on games, DLC or in-game items purchased on our website or through the Steam Client. Please review Section 3 of the Steam Subscriber Agreement for more information."

Well it's about damn time, Valve. Even Google offers refunds on Google Play items and EA's Origin game store has a good game guarantee which lets you refund in the first 24 hours of launching the game (or within 7 days of ordering whichever comes first).

Do you think Valve would buckle and change their strict no-refund policy on games? And should they?

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Comments

  • EA's Origin game store has a good game guarantee.

    It's worth mentioning that's only on EA published games, though. Steam is obviously a lot more diverse than Origin. Valve's only options here are to eat the cost of refunded games themselves, or work out something with the publishers… which wouldn't be an easy endeavour by far.

    • Passing the cost of refunds back to the source suppliers is par for the course in just about every industry.
      There is no reason software should be any different.

      • Of course. But I think the publishers would be more than happy with the current arrangement that doesn't cost them money, time or effort, which might cause problems.

        • True, and maybe an issue a few years ago. But Steam is the sales channel for all but the biggest publishers, and there is no reason they wouldn't be pursued as well if they tried to maintain a "no refunds" policy and sell directly to Australians.

  • +4

    Putting the issue aside, I'm shocked some people can even defend Valve like a boat than cannot be rocked, just because they are satisfied with the service or what not.

    • +1

      yep theres heaps of nuthuggers for every service

      they are on the assumption that since you pay less than $5 a game you can afford to swallow a bad product every so often

      and in the case of something like Aliens Colonial Marines, caveat emptor, research before you buy

  • +12

    Pretty simple really, if Valve wants to sell in Australia they need to abide by Australian laws & rules,

    • +5

      Downvoted for stating a cold, hard fact? Have an upvote.

      Valve operates in Australia and takes your money. They have responsibilities under the Australian Consumer Law.

  • wat a waste of time,
    wish they could focus there time on things like
    - getting airlines to charge less on fees!
    - getting ticketek to charge lower fees
    - get steam to charge prices comparable to overseas
    - get app and playstore or any store that provides digit product to charge comparable prices!

    also doesn't EB games have a clause that any DLC or anything which has online content cant be refunded? that's all of value games

    • +3

      That would be a waste of time. Do you know why? None of those things are illegal.

      So, yeah, it would be a waste of time for a Federal government department, funded by our tax dollars, to pursues things that are not a breach of any law, let alone the laws that they actually look after. If you are angry about prices, write to your Federal member and ask them to give the ACCC more powers or get them to push for new legislation.

    • Um. How do you return DLC to a physical game store?

      I think you might be trying to say that there are games with special, one time use cards that come with the game (Batman Arkham City's Catwoman DLC and XCOM's armour customisation pack) that, once you take it back, EB cannot repackage it with that card?

      And no. EB returns those games, but if you've torn the seal off the card that conceals the Activation key, they assume you've used it, and will not repackage it with the game. But they'll still take the return (I'm not sure about a full refund, I mean, it's TECHNICALLY damaged goods), and they'll still resell the game.

  • -3

    ACCC is useless these days. This is a sideshow.

    • +5

      The fact that they're taking on Valve shows that they aren't useless. They're running a test case to create a precedent for future actions.

      • -4

        They grandstand about trivial stuff like computer games while much bigger fish who rip off peoples life savings get off.

        • +6

          They can't just go after someone for ripping us off and they can't legislate to make them charge the same prices overseas. Businesses can charge what ever the like. Those businesses cannot, however, ignore the ACL when carrying on a business in Australia.

          Almost all digital distributors have a no returns policy. The ACCC have clearly decided to go after Valve for their own reasons for their test case. Most likely because Valve aren't incorporated here. If they can get a judgement against Vavle, and have it enforced in the US, then they can certainly go after those companies incorporated in Australia (which is most of them).

          This isn't 'trivial stuff' but ensuring that as we move to a more digital future that the law is clear for all parties involved through common law. The only way you will get common law is by having a case heard in court.

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