Sorry, the article I read originally said it was opened but never used. Other articles do seem to report it was fully sealed. Weird.

But this isn't even the case here! With CD-key it would make some sense (still, they're ASSUMING he did something, they don't have any proofs, he was selling game for like 15 pounds, let's assume for a sec that he actually got used copy that looks like new for 10 pounds, put on foil to make it look new instead of "almost new" and... made 5 pounds? Of which, 2 are gonna be eaten by PayPal and eBay fees?), but this was a PS4 game - there's only disc inside. No codes.


But there are no codes in console game boxes. There's blueray with game and instruction. But let's say for a second that he, indeed, opened the game and then shrink wrapped it back. So then the buyer will contact eBay and get his money back. How's that Bethesda issue?

Also, this is in EU. Reselling new goods is totally acceptable by law, in fact, many people are making a business out of it. I'd love to see him dragging their ass to court and then get fined by some proper EU authorities big ass fine to fuck off to US with such predatory behavior.

I think you misunderstood me, which is my fault, it's late. I am in TOTAL agreement with you. I was pointing the finger at Bethesda (in a flippant way), because they are the jackasses here for trying to stop reselling of used games.

And it is the same over here as Europe. Used goods are also an industry over here for pretty much everything except food. :P Shit, I grew up in used records stores and vintage used clothing stores. They don't stand a chance in hell of making this stand on either side of the pond. I think people worrying about it is kind of funny because it's not going anywhere, selling used goods will never be illegal, and Bethesda is only going to make themselves look stupid of they stick to their guns here.

Oh no, I think I understood you and just wrongly phrased it; we're kinda both laughing at Bethesda "arguments" (calling it argument is kind of a insult to arguments). It's sad, because OP links polygon instead of article from EuroGamer, where Pete Hines makes absolute moron of hismelf.

"He's not trying to sell a secondhand game, he's trying to sell a new game," he told me.
And then: "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."

black_guy_what.jpg

"You can't say that it's new because I have no way to verify that, and ultimately that person is our customer we have to deal with and if there's stuff missing or things that have happened we're the ones that are going to have to make it right."

AHAHAHAHAHAH. Oh my fucking god. Any lawyer here, who can say if his words are binding? Because if so, I can buy game from GameStop, call Bethesda, claim it was opened (since GameStop open games and then still sells them as new) and then, after they'll tell me to "go back to the store" sue them because this piece of shit Hines said he'll make it right?

"You want to sell it as new, go to your buddy and say, 'Hey I haven't opened this copy, it's new, give me $60 for it.' If he buys it from you, knock yourself out, but don't go on Amazon and represent yourself next to a retailer who we know we shipped sealed product to and they're going to sell you an actual new copy of the game."

>You want to sell it as new, feel free to do so but don't do so.

black_guy_what.jpg


Pete Hines is senior fucking vicepresident from marketing&communication there.

lol bethesda games arent even good anymore

No sure. I thought, the first-sale doctrine (https://en.wikipedia.org/wiki/First-sale_doctrine) applies to physical media. However, that is only valid in the US. Which jurisdiction is this case in and was there any online activation (DRM) included? If there was the guy was out of luck anyway.

A lawyer cannot deem an act illegal. Only a court can do that.

True, but court decisions are quite expensive and a big company threaten to sue you is quite a big deterrent.

It seems to be the point of view of Bethesda that selling discs is illegal. This is almost as severe as a court decision. Although a court could correct their view it would be a lot of work for the guy who just wanted to sell a disc.

He described it as NEW and no USED. That's what I got out of it. People just want to blow it out of proportion because Bethesda. At the end of the day none of us should give a shite.

If he didn't play it, then probably it was NEW and not USED. How else should one describe it? Threatened to be sued is not really a nice thing. As always, some do not give a single shite about it, others do. Both is fine.

Welcome to media spin. If there's gray area, they only report their narrative's spin on the gray area, rather than admitting the gray. And why not? That's precisely how you generate drama which generates views which generate cash in ads. "They aren't selling the truth to us: They're selling us to the advertisers." ~Stefan Molyneux

I'm with Bethesda on this one. Even if he didn't open the package, it's still not new. That would be like new. He owned it already.

Bethesda has an aggressive legal team, we all know that. It's a requirement for maintaining trademarks and certain contracts (like limited distribution rights). The press goes after Bethesda a lot, but any major corporation is going to be doing the same sorry of stuff. Well, maybe not to the same degree as Bethesda, but same sort of stuff.

Ah, okay. So you argue instead of "new" he should have described it as "unused" which better describes the not having opened the package yet state. If paying attention to intricate details is the price for selling unused, used, not new, not old either games and Bethesda not sueing anyone, that's fine.

The goal should be that the law is satisfied without legal departments of companies descending on single people.

I agree, that's what would be smart and legal, but we're talking about a company that gets nailed by mobs when a few people get DLC codes that don't work, with no way to verify things. The choice to loose out on DLC sales because of it? It's one thing if we're talking about a handful of people, but if you let the practice get widespread, it won't be, which can stifle the incentive to make DLC (which i know some people are against, but then you're missing out on content if it wasn't originally planned and/or in the original budget). You want the people getting the game to be responsible enough to ensure the copy actually is new, or to submit defeat when they do get scammed, but in reality they "got this game at an authorized seller" (amazon in this case) and Bethesda didn't honor the code (even though the reality is different, it's impossible for bethesda to trace).

Bethesda's going after these resellers with the same mentality that government mandates you buy health insurance, wear a seatbelt, don't have junkfood in schools, and a bunch of other policies: "We don't think you know what's good for yourself." I don't like the removal of agency, and i think it's wrong, but if we're going to play this stupid game of telling people what's best for them or demanding companies to do so, we need to accept that this loss of freedom is the price, just like GOG Galaxy and Steam.