I don't care, since I never shop at EB anymore (other than the occasional $10 new game they like to clear out).

It's easy to tell when a "new" game has been used before. Most new games have nice factory wrapping around them. The used games that are shrink wrapped after being played have some pretty cheap looking wrap.

While selling a used game as new might not be a big deal to some employees, it is a big deal in principle, to me. If a game is opened for any reason, it is no longer new. I don't care if everything is in perfect condition, it's used. Selling a used game as new is false advertising, bait and switch or whatever else you want to call it. I've seen the store/display copy of games I've wanted to buy "new" before and they were not even in mint.

Why should I take this risk at EB when I can go to Best Buy and get a guaranteed NEW game for $5 cheaper every time?

EB is only good for the occasional clearance new game and used games from time to time.

My local EB usually has enough factory sealed units in the back that they usually have only the displayed unit opened. They have been known to only sell an opened one if it's the last copy.

If I'm gonna pay their higher price, it better be an unopened copy.

I always use the same rule when buying underwear.

A good way to know if it's really new is if it has that sticker on the top of the case with the barcode and name of the game on it, similar to the ones cds have (I hate those things, they're always hard to get off). Unfortunately, Nintendo doesn't do this, and also use some kind of weird case with a hole on the bottom that reminds me of the Blockbuster cases...

Just bought one of their "last copies" yesterday. I've bought these before from EB once or twice in the past, and usually the game is in good shape minus some minor dust and maybe the manual being slightly worn.

Well, I guess I should have looked at the CD carefully before bringing it home because the CD had smudge marks and slight scratches on it. I'm not even going to bother sticking it in my PS2 but will try going to another EB to get another copy. This may be the last time I pick up a "last copy" game myself.

So, you don't think they could get into trouble for passing of "used" merchandise as new? Not only that, there are all the piracy issues now.

It was a unique policy. I can name many more stores (Best Buy, Walmart, Target, CompUsa, K-Mart, Fry's Electronics, should I go on?) that will not take back any open game unless it is defective. Then they exchange it with the same item and open the replacement on the spot.

The only reason that Babbages/Gamestop and EB could do that is they could resell the product as used for a slight loss, thereby circumventing the piracy issue. The big stores don't carry used items, therefore they can't do that. It is against the law to sell an open item as used, though. It's misrepresentation of the product. They could get into trouble for selling it as "new". Best Buy circumvents that by selling it as an open box on the items they do take back.

Playing Zelda on your PS2? Wow, that's some neat trick!