Even as far as EULAs go, which is a low bar to begin with, CDPR's EULA doesn't attempt to present itself as something legally enforceable. Even if ignoring for a moment that an EULA isn't a legal contract, CDPR's EULA doesn't seem to have one foot in legal reality - which is ultimately OK, I guess, given that EULAs aren't legal contracts even if they try to be.
But here are some interesting points about CDPR's EULA:
- it claims CDPR can revoke a game license, which would instantly mean the EULA is non-binding because it depends upon what's called
an Illusory Promise.
- it claims CDPR have some say over how people modify their game, which they simply don't because when something is sold to someone, the decision-making authority over that thing departs from the seller and transfers to the purchaser.
- it claims that people don't have a right to resell their software:
"This licence is for your personal use only (so you cannot give, ‘sell’, lend, gift, assign, sub-license or otherwise transfer it to someone else) and does not give you any ownership rights in Cyberpunk 2077."
Although I'm not a supporter of people being able to resell digital games without some system in place that ensures publishers get a solid cut, that claim is simply not true.
Here's what the law says:
EU Court Says, Yes, You Can Resell Your Software, Even If The Software Company Says You Can't
BTW, have you seen the hundreds of used copies of CP2077 on eBay? Not to mention the used copies of every other game with an EULA that claims people can't resell it also available on eBay and elsewhere.
- it also claims that people don't have any ownership rights in Cyberpunk 2077:
"This licence is for your personal use only (so you cannot give, ‘sell’, lend, gift, assign, sub-license or otherwise transfer it to someone else) and does not give you any ownership rights in Cyberpunk 2077."
Now, that's true, providing the claim is only referring to the Cyberpunk 2077 IP, which is what I'm sure they're saying while being more ambiguous than they ought to be, and not the instances of the game that are obviously sold to people and which people certainly do own. CD Projekt even state on their own storefront that people own their purchased games - heck, it's GoG's motto and philosophy:
"You buy it, you own it"