Polygon has been contacted by an Amazon seller on the market that has been left after Bethesda had given him a legal notice to put his copy of The Evil Within 2 for sale. 1
Vorys claims that Hupp sold his unopened copy of the game as a "new" item, which could be considered "false advertising" because it does not include a warranty included in new games. Hupp followed the request, but pointed out in his reply to Vorys that he is protected by First Sales Teaching, which allows customers to resell predefined copyrighted products as long as they are not significantly changed. Vorys claims, however, that HUP's listing is not protected by the first sales doctrine because the lack of warranty makes the game "substantially different from genuine products" sold officially. The legal notice also called sales "illegal" because Hupp is not an "authorized dealer".
Worth noting that dealers like GameStop offer limited warranty on pre-approved games, but as Polygon points out, Bethesda's features can have serious consequences for people trying to sell their games online. The company refused Polygon's request for comments.
Hupp said that while understanding Bethesda's legal attitude, he feels threatening clients with lawsuit to sell what they own is a "massive overreach".
Although Polygon is called Bethesda in its article, we wonder if the move was directed by its parent company ZeniMax, which has a fairly active legal department, whose story is some indication.
What do our readers think about this?