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Can a "User" (as stated in Terms of Service) reproduce and sell a game they've bought/downloaded on Itch?

A topic by Mawleen created Jan 25, 2024 Views: 158 Replies: 2
Viewing posts 1 to 2
(+1)

Me and my co-developer of a game read through the terms of service (TOS) and saw this in 4. Publisher Content:

"Publishers retain all ownership rights to the submitted content, and by submitting content to the Service, Publishers hereby grant the following:

  • To the Company, a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Service, including without limitation for promoting, redistributing in any and all media formats. If you choose to remove your content from the Service, this license shall terminate within a commercially reasonable time after you remove your content from the Service.
  • To Users, a non-exclusive, perpetual license to access the content and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the Service. Users shall retain a license to this content even after the content is removed from the Service."

The TOS states clearly in "2. Users and Publisher" that the "User" is someone who "purchase, download, or play games or other content from itch.io".

However - I came across this forum thread from earlier, where both an Admin and a Moderator claims that the "User" portion stated above in the quote from TOS is referring to me as a Publisher, and not the end-user. I have a hard time believing that the Admin and Moderator is right, since it's very clear in the TOS who the "User" is, since "2. Users and Publisher" clearly states who both a "User" and "Publisher" is, and that they are separate.


So my question to Itch is:

- Does the end-user that download my game have the rights to reproduce my game? And to what purpose? Is it only to reproduce it in order to, say, be able to have a copy on each computer they might own (because I'm totally fine with that, it makes sense)? Or do they also have the right to sell reproduced copies? 

Moderator(+3)

No, as explained in that topic, buyers by default get a license to download your game for legitimate uses such as playing it and making backups. You own the games you make, we can't change that. Even legal language can only go into so much detail. No-one is trying to steal your games.

Thank you for your fast reply! I just wanted to make sure, and now I know.

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