problem with that, albeit correct, is that would take part in the real world applications i mentioned
taking square enix to court, just to get reinstated those “technical” pre-existing rights, just to be able to find a user work around ofc to then benefit from it, would for most if not all “people” be utterly insurmountable an affair, thus making it the same as not being
because even if the court would find in plaintiffs favour, (assuming with their means they still wont be able to overturn or find/create loopholes or new precedence), then it would be such a costly an affair to undertake, since you would in noway be able to just show up on day1 and get a summary judgment since there would be no proforma about the preceding, even when rights is already established,
they can, and do fight this, around teh world, (can’t rem which of them it was last that got dragged into aussie court for once again violating user consumer rights, prob Sony, or MS), so they are clearly willing to fight it,
but since most people would have to take it on themselves since most places don’t have the same type of state prosecutor filling the case for you, for whatever reasons, it’s all but unwinnable and futile, and that’ what they count on, giving up before trying, because not worth the effort, and thats before the 3page ass covering TOS, eulas with only minor enforceable paragraphs and whatnots that still make it juuuust valid enough to be worthwhile for them to make case of since it gives the possibility of a win still.
Steam might be in somewhat bigger trouble if they denied us the rights as is and while still operating, even if not impossible, but, if they one day do fail, it changes the game even more, making it even more obvious we truly don’t “own” anything on steam
because who is gonna make a 10k+ legal battle over a 60€ game?
even if they remove it once, twice or how even many more times it might happen, even with rights, it’s just not a “given” thus not as easy, and quite daunting, and to some it becomes almost impossible
“rights” is one of the biggest illusions of civilization, because unless a system is in place to automatically enforce it and make sure it goes smoothly and is simple everytime, then it won’t matter to a ton of those the rights where supposed to be enacted for
not saying it would be completely impossible, just close enough, that they can do “anything” they want to us, and our games we own.
hell, already have to fight tooth an nail just to make sure the rights on physical goods is kept and met, because those bastards wanna try skirt around wherever they can, and fight you at every corner just to spite you in the end, even if the law is already cleared up in that area