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Bethesda fights back against secondhand game resale...


Dreakon13

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4 minutes ago, Jelloycat said:

Yeah that's pretty ridiculous. Seems like they should have better things to do with their time. 

Like spending that time ensuring their games do not get released broken and glitched as hell.  Maybe somebody should take them to court and fight them for the fact that they are selling broken products. 

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25 minutes ago, KingGuy420 said:

They are 100% in the right... but that doesn't mean it wasn't dickish lol.

 

As I said, I'm usually on the developer/publishers side on these things.  But threatening a lawsuit toward someone... a customer really, someone who bought their game twice... trying to sell a sealed copy of the game they aren't planning to use, is just so beyond the typical "anti-consumer" behavior you see out of companies.

 

 

13 minutes ago, kidson2004 said:

I don’t agree with what they did. As a consumer, once I spend my hard earned money on anything, I have the absolute right to do with it as I please. So if I want to sell the product that I bought, I can. I don’t understand why they would do such a thing. 

 

If I'm being honest, I don't even believe you should have the absolute right to do anything you want with something like this.  Software is a different beast altogether and they should be entitled to certain rights with their intellectual property.

 

However, in this case, we're a stones throw away from Bethesda sending suits to your house and fucking up your Christmas tree and gifts underneath because giving a new copy of The Evil Within 2 as a Christmas gift isn't an "authorized means of distributing their product". xD  Gotta draw the line somewhere.

Edited by Dreakon13
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Pedantic at best.

Predatory at worst.

 

Bethesda may have made some big games in the past decade but they still aren't EA, they would get very hurt by a PR shitstorm that shit like this could bring on

Edited by LepreCon1991
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7 minutes ago, SnowxSakura said:

The seller is protected by the first sale doctrine, as long as the product isn't modified beyond it's original use, they are legally entitled to sell it

 

Yeah but the guy had it listed on Amazon with the "Brand New" tag, which is only supposed to be used by authorized retailers. He should've listed it as "Unopened". Posting as "Brand New" falls under false advertising since that tag was created for authorized dealers, which he is not.

 

Technically, Bethesda should've just contacted Amazon and asked them to change the tags which would've been much better for PR, but both routes are valid and legal.

 

He's allowed to sell it, just not the way he was trying too.

Edited by KingGuy420
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I think people missed the point. Bethesda doesn't care about the secondhand game market, they just don't want people advertising their games as 'new' unless it comes from them or a retailer for perfectly good reasons.

 

That seems reasonable and the article reads like it was written by the seller themselves or a close friend to the seller. If Gamestop sells me 'used' copies in shrinkwrap, so can this seller, it's really not the end of the world. 

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17 minutes ago, Dreakon13 said:

If I'm being honest, I don't even believe you should have the absolute right to do anything you want with something like this.  Software is a different beast altogether and they should be entitled to certain rights with their intellectual property.

 

However, in this case, we're a stones throw away from Bethesda sending suits to your house and fucking up your Christmas tree and gifts underneath because giving a new copy of The Evil Within 2 as a Christmas gift isn't an "authorized means of distributing their product". xD  Gotta draw the line somewhere.

I can understand this and agree. Those things are in place for a reason. Guess I should say that I can sell it if I so choose to do so. But I’ll give you a :highfive: for this. 

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6 minutes ago, KingGuy420 said:

 

Yeah but the guy had it listed on Amazon with the "Brand New" tag, which is only supposed to be used by authorized retailers. He should've listed it as "Unopened". Posting as "Brand New" falls under false advertising since that tag was created for authorized dealers, which he is not.

 

Technically, Bethesda should've just contacted Amazon and asked them to change the tags which would've been much better for PR, but both routes are valid and legal.

Bethesda would still lose if it went to court, there's many other 3rd party sellers on Amazon and eBay selling the same thing as brand new, I do it too on eBay and they don't go after them

 

This is for ebay when selling something new under video games

 

"

  • Brand New: An item that has never been opened or removed from the manufacturer's sealing (if applicable). Item is in original shrink wrap (if applicable). See the seller's listing for full details."

 

Amazon's definition for listing something as brand new

 

"

  • New: Unless specified in the product title, all new video game items are assumed to be in full retail packaging. Bulk, plain white box, or other types of packaging are not allowed unless specifically called out in the product title."

 

It doesn't state anywhere that you have to be an authorized retailer to list something as brand new, only that it is in its original packaging unopened

Edited by SnowxSakura
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2 minutes ago, SnowxSakura said:

Bethesda would still lose if it went to court, there's many other 3rd party sellers on Amazon and eBay selling the same thing as brand new, I do it too on eBay and they don't go after them

 

That's not really how law works lol. Just because people don't pursue charges doesn't mean it's OK.

 

Again though, I'm agreeing that Bethesda is super dickish in this situation. But that doesn't mean they're in the wrong from legal viewpoint.

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Just now, KingGuy420 said:

 

That's not really how law works lol. Just because people don't pursue charges doesn't mean it's OK.

 

Again though, I'm agreeing that Bethesda is super dickish in this situation. But that doesn't mean they're in the wrong from legal viewpoint.

The seller is protected by US Law and Besthesda cannot do anything about it.

 

The first-sale doctrine is a legal concept playing an important role in U.S. copyright and trademark law by limiting certain rights of a copyright or trademark owner. The doctrine enables the distribution chain of copyrighted products, library lending, giving, video rentals and secondary markets for copyrighted works (for example, enabling individuals to sell their legally purchased books or CDs to others). In trademark law, this same doctrine enables reselling of trademarked products after the trademark holder put the products on the market. The doctrine is also referred to as the "right of first sale," "first sale rule," or "exhaustion rule."

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8 minutes ago, Kittet3 said:

I think people missed the point. Bethesda doesn't care about the secondhand game market, they just don't want people advertising their games as 'new' unless it comes from them or a retailer for perfectly good reasons.

 

That seems reasonable and the article reads like it was written by the seller themselves or a close friend to the seller. If Gamestop sells me 'used' copies in shrinkwrap, so can this seller, it's really not the end of the world. 

 

I feel like you aren't acknowledging what a massive overreaction it is to threaten to sue the guy. xD  No matter how you spin it.

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1 minute ago, SnowxSakura said:

The seller is protected by US Law and Besthesda cannot do anything about it.

 

The first-sale doctrine is a legal concept playing an important role in U.S. copyright and trademark law by limiting certain rights of a copyright or trademark owner. The doctrine enables the distribution chain of copyrighted products, library lending, giving, video rentals and secondary markets for copyrighted works (for example, enabling individuals to sell their legally purchased books or CDs to others). In trademark law, this same doctrine enables reselling of trademarked products after the trademark holder put the products on the market. The doctrine is also referred to as the "right of first sale," "first sale rule," or "exhaustion rule."

 

He's allowed to sell it. Just not with the "brand new" tags. Bethesda isn't saying he can't sell it. They're saying he has to change the tags.

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1 minute ago, Dreakon13 said:

 

I feel like you aren't acknowledging what a massive overreaction it is to threaten to sue the guy. xD  No matter how you spin it.

 

I imagine it costs money to be an authorized retailer, not to mention that it comes with rules/a vetting process to ensure a good customer experience or something. Why should this guy get to bypass all that? I'm actually happy Bethesda is working to make sure customers don't get potentially scammed buying a 'new' game from an unofficial source. This guy seemed harmless, but what about the next one? 

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2 minutes ago, KingGuy420 said:

 

He's allowed to sell it. Just not with the "brand new" tags. Bethesda isn't saying he can't sell it. They're saying he has to change the tags.

Sorry, but that's not his fault, take it up with amazon, they don't have a non-brand new sealed option. Just new, and then used. And yes, he is still allowed to sell it with the brand new tags, bethesda is trying to bully a small time seller to stop the secondary market

 

@Kittet3It is impossible to get scammed as a buyer on amazon or ebay due to their A to Z guarantee and the Money Back Guarantee. Get what you bought or your money back

Edited by SnowxSakura
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5 minutes ago, Kittet3 said:

 

I imagine it costs money to be an authorized retailer, not to mention that it comes with rules/a vetting process to ensure a good customer experience or something. Why should this guy get to bypass all that? I'm actually happy Bethesda is working to make sure customers don't get potentially scammed buying a 'new' game from an unofficial source. This guy seemed harmless, but what about the next one? 

 

I'd say a more proper solution would probably be to systematically not allow people on Amazon that aren't authorized retailers to tag their listings in such a way.

 

Or I guess Bethesda could just sue the shit out of some random dude trying to make some money back on an unopened purchase.  Either way works I guess. ;)

Edited by Dreakon13
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