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Default Bethesda Softworks - Legal Threat Against 'New' Resale

August 13th, 2018, 12:46
@Eurogamer Lucky Day shared this news about Bethesda blocking a 'new' resale of The Evil Within 2.

Overnight Polygon posted a report about Bethesda threatening an individual with legal action for selling a sealed copy of The Evil Within 2 on Amazon Marketplace.

The legal firm acting on Bethesda's behalf - a company called Vorys - took issue with an individual's labelling of The Evil Within 2 as "new", insisting the individual, a man called Ryan Hupp, was not an authorised reseller and therefore his selling a "new" copy was unlawful.

It seemed like an overreaction by Bethesda, so I asked Pete Hines, senior vice president of marketing and communications, about the issue at QuakeCon 2018 today.

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

[…]
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August 13th, 2018, 13:43
They are worried about customers rating their games low on Amazon due to marketplace dissatisfaction rather than with the game itself.
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August 13th, 2018, 19:40
Tempest in a teapot. He can just sell it as secondhand, while mentioning it's still in the unsealed box.
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August 13th, 2018, 19:50
Yeah much to do about nothing just because he sold it under the new listing.

Just resell it under used but like new as for Bethesda I have nothing nice to say.
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August 13th, 2018, 21:02
There's all sorts of interesting factoids about this

First, the seller claims he has a right to sell it as new under the First Sale Doctrine. The seller also gives a convincing story as why to its new - he never bought the PS4 he got it for in the first place. He never opened the packaging

ZeniMax/Bethesda is claiming it doesn't warrant First Sale doesn't because it was already purchased First Sale and he has voided his warranty.

I'm reading where this isn't true. Amazon allows their marketplace products to be sold as new for a reason.

I'm also reading since its in the Amazon Marketplace, Amazon is in fact the retailer and the seller is a partner. Therefore, Bethesda's complaint should be with Amazon and not the seller. Bethesda bypassed Amazon altogether.

Pete Hines himself followed up with Eurogamer and is making the same arguments.

https://www.eurogamer.net/articles/2…ce-game-seller

It is interesting to note that the original article points out that GameSpot refuses to allow unopened games to be traded in. They need to be opened first.
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August 13th, 2018, 21:04
Wow, I guess it must be a really slow news day.
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August 13th, 2018, 21:35
Its slow news that a big RPG software company is being heavy handed to an individual who is doing nothing legally wrong?
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August 13th, 2018, 21:47
I don't think the news have an inherent speed as such, no.

I'm talking about the day and how it can be slow when nothing interesting is happening - which is the only reason I can come up with for news about something as incredibly boring as suits trying to enforce their rights about something that's clearly subject to interpretation about a single copy resale.

DRAMA: Is this a "new" copy or not?!?!?!

For what it's worth - I think both sides have a point.

But I really couldn't care less and, in fact, I'm not sure I could come up with something less interesting if I tried.

To each his own, though.
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August 14th, 2018, 02:34
''we have no way to verify what you're selling actually is new''
That is not your job to do,if anyone would do that,it would be amazon and then again you do not have to prove the condition of the product you are selling.If it doesn't follow the description,then the customer asks for a refund.
Also ,don't you have to prove that what he is selling is not in fact new?The burden of proof falls on the claimant.

"previously owned product"
There is no such description on amazon,now they are just making up new terms.

If you have a physical copy of something and it is factory sealed,it is new .There is no debate over this.Bethesda is just trying to distort and redefine a set in stone and pretty clear term,violating an individuals right to resell a product they own.
I honestly find their arguments insulting to my intelligence,and everyone saying it isn't a big deal,you should too.
It is so petty of them ,just when you thought they couldn't be any more anti-consumer.
Last edited by Japol; August 14th, 2018 at 02:47.
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August 14th, 2018, 03:01
Lawyers looking for billable hours.
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August 14th, 2018, 03:32
I'd like to see the law that requires someone who sells a game to be "authorized" to sell it.
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August 14th, 2018, 03:36
Good luck, they won't be able to stop people from selling their games used. They can threaten and huff and puff, but too many ways to sell things online. They can't stop it.
I would just relist the game again if I was this guy…

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August 14th, 2018, 20:19
I wished he did, but their intimidation tactics worked and if anyone is breaking the law its Bethesda for harassment.

I'd like to hear what Amazon says about third party companies threatening their sellers.
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