Bethesda has allegedly blocked the sale of a used, still sealed copy of The Evil Within 2 on the Amazon Marketplace, in a move that could have major implications for the sale of used Bethesda games.
The seller, Ryan Hupp, received a letter from Bethesda's law firm Vorys, warning that he must remove the listing or hire the case. In the letter, as Hupp forwarded to Polygon, Vory said the sale was "illegal" because it was not an "authorized dealer". Hupp's use of the word "new" in the listing also constituted "false advertising", Vorys claimed.
Hupp originally purchased a PS4 copy of the game prior to buying a console, but used the money to upgrade the PC instead. He followed the request for revocation, but in a response to Vorys pointed out that used game sales are protected under US law of "First Sale Doctrine". The teacher allows a buyer of goods to sell on a product as long as it is not "significantly different" from the original real article.
Vory claimed, however, that the copy of The Evil Within 2 was not covered by the first sales class because it did not contain a guarantee. It made it "significantly different from genuine products," claimed the company.
"Unless you remove all Bethesda products from your stores, stop selling all Bethesda products immediately and identify all sources of Bethesda products you sell. We will seek" Disgorgement of Profits, Claims, Attorneys and Investigators. " and other charges. "
The introduction letter Hupp received a phone number for sellers of Bethesda's game to call, which may indicate that this is not the only such letter as the publisher has sent. If the lack of a warranty actually does used games "substantially different" from the original, it may have a major impact on the sale of used games ̵
However, it should be noted that more used copies of the game and other Bethesda games are still available on the Amazon Marketplace.
When Polygon contacted, Bethesda refused to comment while both Amazon and Vorys not responded.
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