Scintilla – a flash, a spark, an iota. Shorthand for creativity and an indicator of inventiveness under Australian law.

Wednesday, March 30, 2016

ACCC v Valve: ACCC Wins

by Adrian Chang

The ACCC has marked another kill against game distribution platforms – this time it has taken down Valve Inc, owner of the legendary Steam software distribution platform.

In a press release, the consumer watchdog said Justice Edelman of the Australian Federal Court has found that Valve made false or misleading representations to consumers in its terms and conditions of three versions of its Steam Subscriber Agreement and two versions of its Steam Refund Policy.

The text of the judgment has yet to be publicly released.

The ACCC says that Justice Edelman found that Valve had represented that:
  • consumers were not entitled to a refund for digitally downloaded games purchased from Valve via the Steam website or Steam Client (in any circumstances);
  • Valve had excluded statutory guarantees and/or warranties that goods would be of acceptable quality; and
  • Valve had restricted or modified statutory guarantees and/or warranties of acceptable quality.