EU won't commit to answering whether games are goods or services.

I think I'd have a category for both.

You can't call an SNES cartridge a service, but similarly, you can't call, oh, an online strip poker service a good.

I suspect that most good-games have at least some characteristics of a service (like patches) and most service-games have at least some characteristics of a good (like software that could be frozen in place).

I think that the actual problem is vendors unnecessarily converting good-games into service-games, as that gives them a route to get leverage relative to the consumer. Like, I can sell a game and then down the line start data-mining players or something. I think that whatever policy countries ultimately adopt should be aimed at discouraging that.