Bethesda explains why it stopped someone reselling The Evil Within 2

midian182

Posts: 6,440   +56
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The story began when Vorys, the legal firm representing Bethesda, sent a letter to Ryan Hupp informing him that his attempt to sell a sealed copy of The Evil Within 2 on the Amazon Marketplace was “unlawful.”

Hupp told Polygon that he bought the game as he’d expected to purchase a PlayStation 4, but decided instead to use the money on upgrading his gaming PC, sensibly. As such, he tried to sell the game on Amazon Marketplace, which he uses often.

Vorys argued that Hupp was “not an authorized reseller,” and because it did not include the original warranty, the game was “materially different from genuine products” that are sold through official channels.

“Unless you remove all Bethesda products, from your storefront, stop selling any and all Bethesda products immediately and identify all sources of Bethesda products you are selling, we intend to file a lawsuit against you,” the letter read.

Appearing to stop someone from reselling a game resulted in a consumer backlash against Bethesda, understandably. But the company’s senior vice president of global marketing and communications, Pete Hines, offered an explanation to Eurogamer at QuakeCon.

Hines said the issue was a matter of wording. Hupp described the game as “new” on Amazon Marketplace, something Bethesda says is false advertising. "He's not trying to sell a secondhand game, he's trying to sell a new game," he told Eurogamer’s Robert Purchase. "He was listing the product as if it was new. All we're saying is if it's a previously owned product, you have to sell it as a previously owned product - you cannot represent it's new because we have no way to verify what you're selling actually is new."

"You could have opened it up, played it for five hours, taken whatever inserts or stuff was in there, put it back in shrink wrap and said, 'Hey this is new.' It's not new - you owned it, you bought it, so just list it as a used title. That's it, that's the end of the argument," Hines added.

Hines emphasized that Bethesda is not trying to stop people reselling its games. It won’t take action against anyone who does—as long as they include the word “used” in their listing. But there remains plenty of copies of The Evil Within 2—and other games—on eBay that are described as new. We’ll have to wait and see if Bethesda decides to threaten them with a lawsuit, too.

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EClyde

Posts: 2,378   +937
It's all refuse. I sell on Amazon but am restricted from selling used Asus and other brands. It is because Asus sez they don't want their name tarnished but that ain't the reason. We need Selling Neutrality...LOL
 

Cycloid Torus

Posts: 4,695   +1,495
Sounds more like we need some new categories. I agree that 'new' doesn't quite fit if there is no warranty, but 'unused in original packaging' isn't 'used' is it?

For example, is a PC with no hard drive, no HDD caddy, no OS, no video card, no keyboard, no mouse, no power cord still a 'used' (meaning working) machine?
 

Lionvibez

Posts: 2,206   +1,656
That is BS.

Its new in the original wrapper and never opened or used.

This below is made up nonsense.

""You could have opened it up, played it for five hours, taken whatever inserts or stuff was in there, put it back in shrink wrap and said, 'Hey this is new.' It's not new - you owned it, you bought it, so just list it as a used title. That's it, that's the end of the argument," Hines added."
 
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mcborge

Posts: 599   +487
Glad I'm no longer a console gamer. This is all greed and intimidation on the publishers part. You already got your money Bethesda when the game was initially purchased. The game was never run or registered to any console or gamer I.d so how can it be used. Lawyers really do live in a different reality to the rest of us don't they.
 
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McMurdeR

Posts: 231   +219
That is BS.

Its new in the original wrapper and never opened or used.

This below is made up nonsense.

""You could have opened it up, played it for five hours, taken whatever inserts or stuff was in there, put it back in shrink wrap and said, 'Hey this is new.' It's not new - you owned it, you bought it, so just list it as a used title. That's it, that's the end of the argument," Hines added."
Absolutely. Folks have been listing unopened games as 'new' in listings for donkeys years. It's a term thats well understood by everybody. It's also a low thing to go after an individual like that - stupid thing to do - if the seller turned out to be a minor it would have left Bethesda with a fair amount of egg on their daces. That Hines guy seems a bit of a punk to me.
 

Dosahka

Posts: 219   +83
Sounds more like we need some new categories. I agree that 'new' doesn't quite fit if there is no warranty, but 'unused in original packaging' isn't 'used' is it?
Already been done: PRE-OWNED
PRE-OWNED does not mean it's been used. What about a 17-inch MacBook Pro in it's original apple wrap and box?
Pre-owned: yes, because someone bought it and stashed away and now worth more than 5k
Used: no, it is in the Original Box and foil wrap, NEVER activated, NEVER turned on, smells fresh.
Lawyers should be able to make a difference between pre-owned and used.
So in the guys case:
pre-owned: yes
used: never opened, OB (original box)
is it new? yes, because pre-owned does not deny the fact that it is ever been used (activated in this case).
This case is like a pre-forged, multiple times used scheme.
So I think used have to be pre-owned, but pre-owned only CAN BE used.
 
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Danny101

Posts: 1,485   +627
Bethesda could have handled this better and diplomatically. Instead they look like *******es. May have to rethink my business with them.