As explained here, Bethesda's law firm Vorys recently sent a letter to a Ryan Hupp, telling him that his listing of a sealed copy of The Evil Within 2 on the Amazon Marketplace was "illegal" and he had to remove it or face legal actions.
Following this, Pete Hines, Bethesda's senior vice president of global marketing and communications and marketing, came to QuakeCon for further information.
Hines explained that the problem was not that Hupp sold his game used, but especially that he noted it as "new". "All we say is that if it is a previously owned product, you have to sell it as a previously owned product," he told Eurogamer.
"You could have opened it," he continued, explaining, "played for five hours, took any posts or stuff in there, put it back in shrink wrapping and said," Hi, this is new. " It's not new ̵
Hines was in pain to explain that they do not want to block sales of used games as long as they are described as "used" in the listing. "If you want to sell your copy of the game, it is" pre-owned. "You can not say that it's new because I can not confirm it and finally that person is our customer we have to deal with and if there are missing things or things that have happened, we are the ones who must do it right. "
Thank you, Eurogamer.