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Would a game released in physically in a dvd included magazine count as retail?

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It's a bit of a weird one but... hmm... I would probably say... no... I think, since the retail release doesn't seem to be official. It's basically just a freeware game redistributed by a third-party on their own.

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In this case an official license doesn't seem to be involved as per the blog post on the website, where the developer expresses surprise of its inclusion. Since it's freeware, the unofficial redistribution was probably within the license of the game, "per se", though that does not make it an official retail copy.

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