Page:Australian Competition and Consumer Commission v Valve Corporation (No 3).pdf/19

 36 Although Steam's algorithm selects the server calculated to be the most efficient server to deliver the content, the algorithm can be overridden by a choice by the Steam subscriber of a particular serv–er. The subscriber might choose a server which that subscriber knows to be located close to him or her or which is known to have a large bandwidth.

37 Steam game servers are servers that host specific multiplayer games and connect users who play against each other. Valve owns 4,341 of these game servers. There are also game servers operated by users independently of Valve but using Valve's software. Some of the game servers are operated by third party developers of games sold or available for free download on Steam. A user anywhere in the world can choose whichever game server he or she wants to use anywhere in the world, or the user can let the game's software choose the server.

38 Eighty of Valve's game servers and supporting equipment are located in Australia. The original retail value of Valve's Australian servers was US $1.2 million. The servers are stored within rack spaces leased in Australia from Equinix and host two specific Valve developed multi-player games (previously a third was also hosted). From September 2012, Valve has paid Equinix for floor space and server racks, power, connectivity, and exchange linkages to Equinix's exchange. Valve pays Equinix approximately US $26,000 per month.

Valve's SSAs and Refund Policies

39 Later in these reasons I consider in much more detail the terms of Valve's SSAs and Refund Policies. It suffices at this point to explain that there are three relevant SSAs and Refund Policies to these proceedings.

40 As to Valve's SSAs, the three relevant SSAs are as follows:


 * (1) the 2011/2012 SSA (1 January 2011 to 2 August 2012) (Court Book pp 483–486);


 * (2) the 2012/2013 SSA (3 August 2012 to 2 July 2013) (Court Book pp 493–497); and


 * (3) the 2013 SSA (3 July 2013 to 10 November 2014) (Court Book pp 529–533).

41 As to the Steam Refund Policies, the three relevant versions of those refund policies are as follows:


 * (1) the 2011–2013 refund policy (1 January 2011 to April 2013) (Court Book p 553);


 * (2) the 2013–2014 refund policy (April 2013 to 23 July 2014) (Court Book p 555); and


 * (3) the 2014–2015 refund policy (24 July 2014 to 18 March 2015) (Court Book p 349).