& # 39; People sell used games all the time … We're not trying to stop it. & # 39;
Early yesterday morning, Polygon reported that Bethesda had issued a resignation and dismissal order to the Amazon Marketplace selling Ryan Hupp, for his listing of a sealed copy of The Evil Within 2 . The Bethesda case was that Hupp was not an "authorized dealer" and that his sale of the game as a new one was "illegal". That problem seems to stem from the wording of "new" in the retail description, since Bethesda claims that Hupp should have the product listed as "used".
Bethesda's legal firm Vorys sent the letter to Hupp and threatened to take action should he not comply with Hupp told Polygon that he previously sold items on Amazon Marketplace without any problem. He introduced the American "First Sales Learning Act", which protects users who want to resell legal copies of branded products they have previously purchased.
According to Bethesda, however, Hupp's sale of the product is not covered by the law. Since he does not resell his copy in what Vorys considers his original form, the game is "significantly different from genuine products" as far as Bethesda is concerned. Hupp provided the Polygon legal document, which reads:
"Unless you remove all Bethesda products from your store, stop selling all Bethesda products immediately and identify all sources of Bethesda products you sell, we have thought to file a lawsuit against you. "
Since this story just happened to break out on the weekend of QuakeCon 201
"He does not try to sell a handshake game, he is trying to sell a new game. He behaved the product as if it were The new thing. All we say is whether it's a previously owned product, you have to sell it as a previously owned product – you can not represent it's new because we do not have the ability to verify what you're selling is actually new. " Hines then explained how Hupp could have opened the game, used it for a couple of hours and then sealed the package. For that matter, all warranty cards or special codes for pre-determined DLC could be used, and Hupp could deceive those users by claiming that the product is "new". If any of it had occurred, the game should be listed as "used" to prevent others from being tricked.
Hines continued to stress: "We do not try to stop anyone from selling used games. Selling used games all the time – we understand. We do not try to stop it … We do not want our customers to buy things from a supplier like Amazon, where they think they buy a new product and suddenly find out. They have a disc played, someone kicked over the floor and scratched. "
I'm not a legal expert, but I'm pretty sure that you can buy any product and then resell it without opening the packaging. From my short time at GameStop, I know that it has a policy in particular where it will not interfere if the products are sealed, but it is an attempt to cut down the theft. Unless Hupp has cast his receipts and has no proof of purchase, he should be legally protected to sell his copy of The Evil Within 2 regardless of whether it is still sealed.
On the other hand, I definitely see Bethesda's view of this. Although I do not think there would be threatening legal action against dealers, I would hate being on the receiving side of what I assumed is a "new" game just to find out that someone had previously opened it. Consumers tend to buy new products, especially because they are sealed and shall be 100% functional (sole production defect).
Currently, Hupp has removed his copy of The Evil Within 2 from Amazon. Hupp said directly to the polygon: "I understand the legal arguments Bethesda trusts and accepts that they have some legitimate interest in determining how the products are sold in retail but threatening individual customers with lawsuit to sell games they own is a massive overreach. Bethesda blocks resale of a used game (update) [Polygon]
Bethesda defends its legal threat to a man attempting to resell a "new" sealed copy of