Bethesda has spoken to share his side of history after lawyers threatened legal action against someone who tried to see a used copy of The Evil Within 2 at Amazon Marketplace. But first, a little context: A person from Philadelphia, Ryan Hupp, told Polygon that they bought a new copy of The Evil Within 2, never unsealed it and tried to sell it on the Amazon Marketplace. Bethesda's legal team, Vorys, traveled to Hupp to say what Hupp did, was partially illegal because Hupp used the word "new" to describe the game. Hupp followed Bethesda's request, but told Bethesda's team that sales were protected by the first US sales campaign, which allows people to re-sell copyrighted material. Betesda said, however, that this does not apply because the game lacks the guarantee that would have come with the game initially to make up its original form.
In a statement to Polygon, Bethesda said it went after Hupp because he was trying to sell The Evil Within 2 as a "new" game. "We do not allow unauthorized dealers to represent what they sell as" new "because we can not confirm that the game has not been opened and repackaged," said Bethesda. "This way we help protect buyers from fraud and ensure that our customers always receive genuine new product, with all attached material and warranty intact."
He was told that he had to sell it used. That's it. He can not represent it's new. It can be shrunk again. We do not want people trying to transfer something as new as we can not be sure is new.
– Pete Hines (@DCDeacon) August 11, 2018
Bethesda said that there would be no threat to Hupp if the listing was presented as "pre-owned".
Bethesda Marketing Manager Pete Hines chimed in with a little further context and clarification about the situation. Asked why Bethesda even cares what another person does, Hines said "Because it is our customer. Has the accessory that came in the box?" Is there anything missing? Is the disc now scratched and needs to be replaced by us? "
He added :" People who buy our games are out customers, wherever they buy it. It's our product. It's our responsibility. "Furthermore, Hines pointed out that Bethesda would not have made any extra money. It was about "It's just about new ones really new."
And as Hines points out one of the gaming industry's biggest game provider – GameStop – has a policy saying that it can not accept sealed copies for resale. "You have to open it, they will not sell it again as new because they can not be sure either," he said.
Although this lawsuit may not go on, ZeniMax – who owns Bethesda – is currently suing Warner Bros. above claims that the film and television giant Westworld mobile game is a ripoff of Fallout Shelter.