Digital goods or e-goods are intangible goods that exist in

digital Digital usually refers to something using discrete digits, often binary digits. Businesses *Digital bank, a form of financial institution *Digital Equipment Corporation (DEC) or Digital, a computer company *Digital Research (DR or DRI), a software ...

form. Examples are Wikipedia articles;

digital media In mass communication, digital media is any media (communication), communication media that operates in conjunction with various encoded machine-readable data formats. Digital content can be created, viewed, distributed, modified, listened to, an ...

, such as

e-book An ebook (short for electronic book), also spelled as e-book or eBook, is a book publication made available in electronic form, consisting of text, images, or both, readable on the flat-panel display of computers or other electronic devices. Al ...

s, downloadable music,

internet radio Internet radio, also known as online radio, web radio, net radio, streaming radio, e-radio and IP radio, is a digital audio service transmitted via the Internet. Broadcasting on the Internet is usually referred to as webcasting since it is not ...

internet television Streaming television is the digital distribution of television content, such as films and television show, television series, Streaming media, streamed over the Internet. Standing in contrast to dedicated terrestrial television delivered by Broadc ...

and

streaming media Streaming media refers to multimedia delivered through a Computer network, network for playback using a Media player (disambiguation), media player. Media is transferred in a ''stream'' of Network packet, packets from a Server (computing), ...

;

font In metal typesetting, a font is a particular size, weight and style of a ''typeface'', defined as the set of fonts that share an overall design. For instance, the typeface Bauer Bodoni (shown in the figure) includes fonts " Roman" (or "regul ...

logo A logo (abbreviation of logotype; ) is a graphic mark, emblem, or symbol used to aid and promote public identification and recognition. It may be of an abstract or figurative design or include the text of the name that it represents, as in ...

s, photos and

graphics Graphics () are visual images or designs on some surface, such as a wall, canvas, screen, paper, or stone, to inform, illustrate, or entertain. In contemporary usage, it includes a pictorial representation of the data, as in design and manufa ...

; digital

subscription The subscription business model is a business model in which a customer must pay a recurring price at regular intervals for access to a product or service. The model was pioneered by publishers of books and periodicals in the 17th century. It ...

s; online ads (as purchased by the advertiser); internet coupons;

electronic ticket An electronic ticket is a method of ticket entry, processing, and marketing for companies in the airline, railways and other transport and entertainment industries. Airline ticket E-tickets in the airline industry were devised in about 1994, an ...

s; electronically treated documentation in many different fields; downloadable

software Software consists of computer programs that instruct the Execution (computing), execution of a computer. Software also includes design documents and specifications. The history of software is closely tied to the development of digital comput ...

(

Digital Distribution Digital distribution, also referred to as content delivery, online distribution, or electronic software distribution, among others, is the delivery or distribution of information or materials through digital platforms. The distribution of digital ...

) and

mobile app A mobile application or app is a computer program or software application designed to run on a mobile device such as a smartphone, phone, tablet computer, tablet, or smartwatch, watch. Mobile applications often stand in contrast to desktop appli ...

cloud In meteorology, a cloud is an aerosol consisting of a visible mass of miniature liquid droplets, frozen crystals, or other particles, suspended in the atmosphere of a planetary body or similar space. Water or various other chemicals may ...

-based

applications Application may refer to: Mathematics and computing * Application software, computer software designed to help the user to perform specific tasks ** Application layer, an abstraction layer that specifies protocols and interface methods used in a ...

and

online game An online game is a video game that is either partially or primarily played through the Internet or any other computer network available. Online games are ubiquitous on modern gaming platforms, including PCs, consoles and mobile devices, a ...

virtual goods Virtual goods are non-physical objects and money purchased for use in online communities or online games. Digital goods, on the other hand, may be a broader category including digital books, music, and movies. Virtual goods are intangible by def ...

used within the

virtual economies A virtual economy (or sometimes synthetic economy) is an emergence, emergent economy existing in a virtual world, usually exchanging virtual goods in the context of an online game, particularly in massively multiplayer online games (MMOs). Peop ...

of online games and communities;

community A community is a social unit (a group of people) with a shared socially-significant characteristic, such as place, set of norms, culture, religion, values, customs, or identity. Communities may share a sense of place situated in a given g ...

access;

workbook Workbooks are paperback textbooks issued to students. Workbooks are usually filled with practice problems, with empty space so that the answers can be written directly in the book. More recently, electronic workbooks have permitted interactive a ...

worksheet A worksheet, in the word's original meaning, is a sheet of paper on which one performs work. They come in many forms, most commonly associated with children's school work assignments, tax forms, and accounting or other business environments. Sof ...

s; planners;

e-learning Educational technology (commonly abbreviated as edutech, or edtech) is the combined use of computer hardware, software, and educational theory and practice to facilitate learning and teaching. When referred to with its abbreviation, "EdTech" ...

(online courses); webinars, video tutorials, blog posts;

cards {{Redirect, CARDS, other uses, Cards (disambiguation){{!Cards The CARDS programme, of Community Assistance for Reconstruction, Development and Stabilisation, is the EU's main instrument of financial assistance to the Western Balkans, covering spec ...

;

patterns A pattern is a regularity in the world, in human-made design, or in abstract ideas. As such, the elements of a pattern repeat in a predictable manner. A geometric pattern is a kind of pattern formed of geometric shapes and typically repeated li ...

; website themes and templates.

Legal concerns about digital goods

Special legal concerns regarding digital goods include

copyright infringement Copyright infringement (at times referred to as piracy) is the use of Copyright#Scope, works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the c ...

and

taxation A tax is a mandatory financial charge or levy imposed on an individual or legal person, legal entity by a governmental organization to support government spending and public expenditures collectively or to Pigouvian tax, regulate and reduce nega ...

. Also the question of the

ownership Ownership is the state or fact of legal possession and control over property, which may be any asset, tangible or intangible. Ownership can involve multiple rights, collectively referred to as '' title'', which may be separated and held by dif ...

(versus licensed use or service only) of purely digital goods is not finally resolved. For instance, the software

installer Installation (or setup) of a computer program (including device drivers and plugins), is the act of making the program ready for execution. Installation refers to the particular configuration of software or hardware with a view to making it usabl ...

s of the digital software distributor gog.com are technically independent to the account but are still subject to the

EULA An end-user license agreement or EULA () is a legal contract between a software supplier and a customer or end-user. The practice of selling licenses to rather than copies of software predates the recognition of software copyright, which has ...

, where a "licensed, not sold" formulation is used. Therefore, it is not clear if the software can be legally used after a hypothetical loss of the account; a question which was also raised before in practice for the similar service

Steam Steam is water vapor, often mixed with air or an aerosol of liquid water droplets. This may occur due to evaporation or due to boiling, where heat is applied until water reaches the enthalpy of vaporization. Saturated or superheated steam is inv ...

. In July 2012, the

European Court of Justice The European Court of Justice (ECJ), officially the Court of Justice (), is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting ...

ruled in the case '' UsedSoft GMbH v. Oracle International Corp.'' that the sale of a software product, either through a physical support or download, constituted a transfer of ownership in

EU law European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote ...

, thus the

first sale doctrine The first-sale doctrine (also sometimes referred to as the "right of first sale" or the "first sale rule") is a legal concept that limits the rights of an intellectual property owner to control resale of products embodying its intellectual prope ...

applies; the ruling thereby breaks the "licensed, not sold" legal theory, but leaves open numerous questions. Therefore, it is also permissible to resell

software license A software license is a legal instrument governing the use or redistribution of software. Since the 1970s, software copyright has been recognized in the United States. Despite the copyright being recognized, most companies prefer to sell lic ...

s even if the digital good has been downloaded directly from the Internet, as the first-sale doctrine applied whenever software was originally sold to a customer for an unlimited amount of time, thus prohibiting any software maker from preventing the resale of their software by any of their legitimate owners. The court requires that the previous owner must no longer be able to use the licensed software after the resale, but finds that the practical difficulties in enforcing this clause should not be an obstacle to authorizing resale, as they are also present for software which can be installed from physical supports, where the first-sale doctrine is in force. In several cases, content providers have faced criticism for revoking access to digital goods due to expired licenses or the discontinuation of a product, such as

ebooks An ebook (short for electronic book), also spelled as e-book or eBook, is a book publication made available in electronic form, consisting of text, images, or both, readable on the flat-panel display of computers or other electronic devices. A ...

(which resulted in a

lawsuit A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today ...

against Amazon.com, Inc.), digital video (with

Sony Interactive Entertainment Sony Interactive Entertainment LLC (SIE) is an American video game and digital entertainment company that is a major subsidiary of Japanese conglomerate Sony, Sony Group Corporation. It primarily operates the PlayStation brand of video game co ...

revoking access to purchased

StudioCanal StudioCanal S.A.S. (formerly known as Le Studio Canal+, Canal Plus, Canal+ Distribution, Canal+ D.A., and Canal+ Production and also known as StudioCanal International) is a French film & television production and distribution company which is a ...

content from its now-defunct

PlayStation is a video gaming brand owned and produced by Sony Interactive Entertainment (SIE), a division of Japanese conglomerate Sony. Its flagship products consists of a series of home video game consoles produced under the brand; it also consists ...

video store; a similar move involving

Warner Bros. Discovery Warner Bros. Discovery, Inc. (WBD) is an American Multinational corporation, multinational mass media and Outline of entertainment, entertainment Conglomerate (company), conglomerate headquartered in New York City. It was formed from WarnerMedi ...

content was averted by an updated license agreement), and video games (such as

Ubisoft Ubisoft Entertainment SA (; ; formerly Ubi Soft Entertainment SA) is a French video game publisher headquartered in Saint-Mandé with development studios across the world. Its video game franchises include '' Anno'', '' Assassin's Creed'', ' ...

discontinuing and revoking access to its game '' The Crew'' without providing refunds or the ability to redownload the game) In September 2024, the U.S. state of California implemented a consumer protection law that prohibits the use of terms such as "buy" or "purchase" during transactions involving digital goods if there is no way to obtain the purchases in a manner that cannot be revoked by the seller (such as allowing it to be downloaded for permanent, offline access), and requires a disclaimer to be displayed to the customer at the time of purchase.

References

{{Reflist, 2 Digital media Mass media technology

Legal concerns about digital goods

See also

References