It is April now and that means the 90 day store return policy on Christmas merchandise just expired. So, if your game or movie disc is damaged now, are you out of luck? Nope, not necessarily.
I think it may surprise most consumers to know that many entertainment companies have a "replacement" policy that covers merchandise even after the 90 day store return policy has expired. Companies with such a policy include: Microsoft (Replacement Program ) , Activision (replacement) , Electronic Arts (Product Replacement), Disney (Replacement Program) , and Universal Studios (Replacement Program).
These policies provide consumers with the ability to return a damaged disc, regardless of how it was damaged, and get a new disc for a nominal shipping and handling fee ranging from $6.95- $20.00. That seems pretty reasonable considering most games are $50 or more.
Companies like Sony and Nintendo do not have replacement policies, yet. I say yet because as we have seen before with industry response to consumer expectations, such as with licensing agreements and DRM, where the trend leads, everyone will soon follow.
So what’s the big deal? Maybe most gamers are already familiar with and regular users of these policies.
Well, in the larger scope of copyright policy, it is a big deal. The replacement policies are yet another example of market place solutions to consumer expectations with regard to digital content. It undercuts the disingenuous argument that the DMCA needs to be amended to allow consumers to make back up copies of media to protect against damaged discs. The market can and does respond to legitimate consumer needs and demands.
That argument for a "fair use" exemption is officially scratched.