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Here is a full story of how gamer can't resell their discs with game: https://www.polygon.com/2018/8/11/17661254/bethesda-sell-used-games-amazon-block

Just one small quote from the article:

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.”

So, selling discs in now illegal or it is illegal only if game is unpacked and described as "new"?
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Andrey82: Here is a full story of how gamer can't resell their discs with game: https://www.polygon.com/2018/8/11/17661254/bethesda-sell-used-games-amazon-block

Just one small quote from the article:

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.”

So, selling discs in now illegal or it is illegal only if game is unpacked and described as "new"?
I'm thinking there's a huge mixup, here. For used games, it makes sense, and could be somewhere in an EULA hidden somewhere, which are enforceable. Walmart and certain other retailers have been on this bandwagon for years, too, because of people copying things then returning it for their money (i had to pirate spore right after I bought it because i was given a blank DVD (it had the logo and everything, but it was a manufacturing defect), and i decided fighting with walmart wasn't worth it, so i just grabbed the ISO and used whatever key I got in the box), and later bought it on GOG. I'm betting Bethesda simply doesn't believe that the plastic wasn't removed, that either it's an old pic or that he has a way of putting new plastic on. I'm pretty sure if his story's on point, he'd win the case and Bethesda would settle out of court to save face.
What's a used game?

Edit: Also, legal precedent says EULA isn't enforceable.
Post edited August 11, 2018 by Darvond
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Darvond: What's a used game?
My ex.

https://media.giphy.com/media/QxfvSCKnBgtBC/giphy.gif

Seriously though, several musicians tried this a few years ago and failed horribly. I'm not talking about that Napster mess, I'm talking about an actual crusade to close down used record stores.

The publicity was so bad for it, most of the plaintiffs, Garth Brooks was one I remember, ended up dropping the whole thing.

I can't speak for the rest of the world, but over here I'm not too worried. Once a property is purchased it is the possession of the owner and on top of that, siding with the the companies here would set a dangerous precedent. You'd have representatives from Maytag and GE scouring the country having people arrested for holding garage sales. "You can't sell that used toaster for $2! That's OUR TOASTER!" Flea markets would all be closed down. Collectable trading would be destroyed. HASBRO would start showing up at toy conventions requesting immediate removal from sale all toys still in their box.

NO WAY! :P
Post edited August 11, 2018 by tinyE
Bethesda lawyers doing their best making Bethesda look like a bag of dicks; nothing new.
Post edited August 11, 2018 by Anothername
Meanwhile, back in the real world:-

https://arstechnica.com/tech-policy/2012/07/top-eu-court-upholds-right-to-resell-downloaded-software/
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Anothername: Bethesda lawyers doing their best making Bethesda look like a bag of dicks;
but Bethesda looks like that by its own, for the last few years
Amazon Marketplace does not work just like eBay.

This same guy can sell the same exact product, labeled the same exact way on eBay and Bethesda cannot take it down.

Different sites, different rules.
Can I resell the paid mods?
Is there any other industry that hates its customers with such an irrational and fiery passion as the games industry?
Post edited August 11, 2018 by huppumies
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huppumies: Is there any other industry that hates its customers with such and irrational and fiery passion as the games industry?
The Cable Company.
The Phone Company.
Airlines.
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Darvond: What's a used game?

Edit: Also, legal precedent says EULA isn't enforceable.
Yes, in most countries consumer laws trump EULA's if they are too strict.
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Darvond: What's a used game?

Edit: Also, legal precedent says EULA isn't enforceable.
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tomimt: Yes, in most countries consumer laws trump EULA's if they are too strict.
In Germany EULAs are completely invalid in most cases. The customer needs to know the content of the EULA before buying which mostly is not the case.
in the corporate world

in the consumer world computer games aren't software so valve gets to keep your games for another 4 years befored sued again.
Isn't the problem with him selling a second hand game as new?

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Darvond: What's a used game?

Edit: Also, legal precedent says EULA isn't enforceable.
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tomimt: Yes, in most countries consumer laws trump EULA's if they are too strict.
Enforcing them is a different matter.
Post edited August 11, 2018 by Spectre