marcusmaximus: If is illegal to open gameboxes and then sell the game as new then gamestop has been breaking the law in the past as well.
I mean , resently gamestop opened deus ex human revolution boxes to take a promotional offer from a "competitor" in the boxes.
Also, I think they charged me as new when I got a game that was on the shelf which understood they opened to not have the game in the box on the shelf but that still should have had some kind of discounted used price or something. (i may have misremembered this incident though)
EB games used to give discounts for that, but I think they even stopped doing it before Gamestop bought them out.
I don't think its illegal for them to do it. Gamestop isn't the only store that does that. I frequently come across open packages for things at Walmart for example, and they don't give discounts on them. I asked ;) They don't take them off the shelves either. If you have a problem, you can always take it back. If they don't let you take it back, then there may be a law or something to help you out. Assuming you kept your receipt that is.