Dan

Step aside, 2013-era-always-online-DRM-that-never-materialized Microsoft, there's a new kid in town.

Bethesda blocks resale of used game
Legal move could have far-reaching consequences for used game sales
https://www.polygon.com/platform/amp...s-amazon-block

Philadelphia-based Ryan Hupp recently contacted Polygon to explain how he’d been forced by Bethesda to stop selling his copy of The Evil Within 2. He bought the game but never unwrapped it, he told us. He’d been expecting to purchase a PlayStation 4, but instead spent his money upgrading a gaming PC. Hupp said he often sells used goods through Amazon Marketplace, which works in much the same way as other online trading sites, such as eBay.

Bethesda’s legal firm Vorys sent Hupp a letter, which he forwarded to Polygon, warning that the game must be taken down and threatening legal action for non-compliance. In its letter, Vorys made the argument that Hupp’s sale was not “by an authorized reseller,” and was therefore “unlawful.” Bethesda also took issue with Hupp’s use of the word “new” in selling the unwrapped game, claiming that this constituted “false advertising.”

“I understand the legal arguments Bethesda are relying on, and accept that they have some legitimate interest in determining how their products are sold at retail,” said Hupp in an email to Polygon, “but threatening individual customers with lawsuits for selling games they own is a massive overreach.”


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This is some fucked up shit, no?

Deftones

I wouldn't have relented if I were this guy. Plenty of lawyers would've taken the case pro Bono for the publicity. Stupid ass corporations.

fumanstan

Bethesda, despite their really great games, seem like they're kind of assholes as a company.

A brief history of Bethesda’s many legal tangles

https://www.polygon.com/2018/6/28/17...r-scrolls-prey

Michael Corvin

I've had a few items the last few months that Amazon wouldn't let me sell because I'm not an "authorized reseller." I know it's their platform and they can do what they want, but I own the damn things, I should be able to sell them just like anyone else.

I think one was Forza Horizon 3. Another was a DC comic book. Also a no go on Jurassic Park Trilogy BD.

Lame.

The Questyen

That article contradicts itself. First it says the game was never unwrapped and then later says he was selling the game as new when it was unwrapped. If that's the case then yes his item should have been taken down because you can't list items as new when they've been opened.

Adam Tyner

I think it's sloppy writing.

I think "unwrapped" in that second quote is meant to say "shrinkwrapped".

The Questyen

That seems weird then because there are hundreds of copies listed as new of that game up now on amazon marketplace. Their almost certainly had to be something up with his description that he's not mentioning for him to be the only one getting the letter. And since he took it down their is no way to see for sure.

Adam Tyner

Well:

That's not something you set up if you're only contacting one person selling one copy of a game.

The complaint is that Hupp isn't an authorized reseller. They also take issue with it being labeled 'New' since the warranty on the disc (?!) isn't valid as it's coming from an unauthorized reseller. If the warranty isn't included, they say it's not lawful to label it 'New'.

Adam Tyner

Yeah. According to Bethesda, you are not allowed to sell an unopened game and call it 'new'.

So your suggestion is to start playing favorites and evaluate each case. Ours is to have a simple rule. If you want to resell, don’t claim it’s new. It’s pre-owned, even if it’s not used. Do that, sell it, move on

— Pete Hines (@DCDeacon) August 11, 2018

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The Questyen

Ok well then that's nonsense and they are definitely going to get sued eventually over this.

Groucho

Sounds like they’re trying to quietly set a precidence.

Why So Blu?

First video games then on to movies.

I have sealed CC's for sale on eBay. They are brand new, I own them, and I sell them as new, because they are.

DthRdrX

Could someone point out to them the longstanding practice of Gamestop opening games/movies and still selling them as new?

nickdawgy

Same. I sell new and used. I bought them. I think I have the right.

Kedrix

I'll do ya one better. I have a copy of Evil Within, brand new sealed, bought from Target. Has the slipcover even. I've been thinking of selling it for months because I'm probably never going to play it. But its the same theory if I have something as new, then I sell it as new. It's my copy, not theirs. Bunch of freaking bullshit.

funkyryno

Dick move.

IDrinkMolson

Can you list it as "unused"?

Noonan

I can see this as a good way to stop scalping of limited editions but this is just crazy. Safe to assume they're doing this for any eBay sales listed as New as well?

fumanstan

I can only think that enough people have gone to Bethesda customer support for buying "new" copies of a game only to find something used/missing in order for it to be worth their time to go after things like this.

mhg83

Exactly what I was thinking when I read the article. I guess Bethesda will start threatening to sue GS next?