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Bethesda fights back against secondhand game resale...


Dreakon13

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3 minutes ago, Dreakon13 said:

 

I'd say a more proper solution would probably be to 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 guy trying to make some money back on a purchase.  Either way works I guess. ;)

It's probably a boilerplate letter- I doubt it would get to actual court :P 

 

Yeah, I don't know why Amazon even allowed this. They won't let me sell several used textbooks on their site because I'm not an 'authorized seller' for the book or something so it's not like they don't have a process in place for restricting things like this. I feel like maybe we're missing apart of the story here of why it even came to Bethesda's attention? Unless they do this to anyone who lists one of their games as new.

 

4 minutes ago, Great_MazingerZ said:

That won't stop people from reselling, if you can't post it on the internet you still can go to a local store and sell it but probably for cheaper

 

Bethesda doesn't care about reselling- they just don't want it advertised as 'new' on a big platform like Amazon since it's not from an authorized seller who they okay-ed to sell new games.

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7 minutes ago, Bos10George said:

What I am hearing is, I can buy his copy at a pretty good discount then? 

 

This guy will probably now get the chance to sell it for more because of the publicity it has caused, selling the copy that they were gonna sue him over. Either way, I've never heard of any company doing this to a seller, you'd think when piracy is so prevalent on PC that they'd instead care more about stopping piracy than stopping someone who's money is already in their pocket. They're not losing any money from him selling his copy as a "new" copy. 

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2 minutes ago, Kittet3 said:

It's probably a boilerplate letter- I doubt it would get to actual court :P 

 

Yeah, I don't know why Amazon even allowed this. They won't let me sell several used textbooks on their site because I'm not an 'authorized seller' for the book or something so it's not like they don't have a process in place for restricting things like this. I feel like maybe we're missing apart of the story here of why it even came to Bethesda's attention? Unless they do this to anyone who lists one of their games as new.

 

 

Bethesda doesn't care about reselling- they just don't want it advertised as 'new' on a big platform like Amazon since it's not from an authorized seller who they okay-ed to sell new games.

I guess they'll have to do about 456 VERo claim takedowns on ebay sellers just for the evil within 2, let alone all of the other bethesda releases, and I bet you someone would sue them out of all of those

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Well, I think that's pretty fucking pathetic. But it doesn't sound like Bethesda really had a hand in it, more their legal firm or whatever are VERY anal about things like this apparently. 

 

I had a good paragraph here about the semantics of warranty periods being called into the validity of claiming the game as new, but tbh I think they're only really peeved that he's not an authorized reseller. Which, I mean, I guess, maybe they went after him on Amazon as he might have been selling some other games too and might have looked like a semi-professional gig? Not defending them, just stating that the article isn't very in depth, to say the least.

 

Oh well. Is it ♥y, yeah. But so is most of the shit game companies do, I'll still be day one-ing Doom 2. Though these guys would hate me, I bought Doom PS4 for 15 *new* a year and a half or so back and recently sold it to EB for 29 bucks through a promotion, suck on that.

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19 minutes ago, SnowxSakura said:

And yes, he is still allowed to sell it with the brand new tags

 

No he's not. If Amazon has it in their ToS that he can't do it that way, then he can't do it that way. And who knows, maybe that's not in their ToS but I HIGHLY doubt Bethesda's multi million dollar legal team wouldn't have looked that up. Just because other companies don't pursue this doesn't mean it isn't a rule.

 

But it doesn't really matter does it? Every time I prove one of your points wrong you just grasp at the next closest straw which is a telltale sign of someone that just wants to argue. So, you win, I'm walking lol.

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8 minutes ago, KingGuy420 said:

 

No he's not. If Amazon has it in their ToS that he can't do it that way, then he can't do it that way. And who knows, maybe that's not in their ToS but I HIGHLY doubt Bethesda's multi million dollar legal team wouldn't have looked that up. Just because other companies don't pursue this doesn't mean it isn't a rule.

 

But it doesn't really matter does it? Every time I prove one of your points wrong you just grasp at the next closest straw which is a telltale sign of someone that just wants to argue. So, you win, I'm walking lol.

Fine, I'll post the amazon guidelines

 

Video Games

Unless otherwise specified, all video game items sold on Amazon.com are assumed to be U.S. market products.

In addition to the General Condition Guidelines, the following guidelines apply:

 

  • 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.
  • Used - Like New: Activation codes for bonus online content may be missing or expired. Product may not include downloadable content.
  • Used - Very Good: Activation codes for bonus online content may be missing or expired. Product may not include downloadable content.
  • Used - Good: Activation codes for bonus online content may be missing or expired. Product may not include downloadable content.
  • Used -Acceptable: It must be noted whether the box or instructions are missing in the condition notes field. Activation codes for bonus online content may be missing or expired. Product may not include downloadable content.
  • Used -Unacceptable: Video games without essential accompanying material are not permitted. This does not necessarily include the box or instructions.

 

https://www.amazon.com/gp/help/customer/display.html?nodeId=200143590#GUID-90073919-A07A-44CB-8BA9-80D7D96BF4DD__SECTION_C5984C1ADC9B422AA1B4262EBABB82FA

 

There is NO other option when selling something new on there other than selecting the new option.

 

I'm not looking to argue, I just know how the system works as a seller.

Edited by SnowxSakura
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So Bethesda was within legal rights, but the law that allows this action is highly questionable at best.  That the law says something is "right" does not necessarily make it just.  Bethesda are being like Permit Patty in this case.  Shouldn't they be more worried about pirate copies than resellers?

 

If a game or other item is still sealed, it is good as new.

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The seller did nothing wrong. Bethesda can't stop people from selling their games. What are they going to do? Monitor all of the listings on eBay and Amazon? If you think about it carefully, someone already bought their game so they got their money. What is the big deal? I sell on eBay and you're allowed to list games as brand new as long as they are still sealed. How exactly is a game that is still sealed considered used?

Edited by JiII-Valentine--
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My dad put new guitar parts up on eBay many years ago and was asked by fender to remove them as he wasn't an authorised dealer. It's one of those things they can legally do but nobody really does. I always list things as "used  like new" now and say it's sealed/new in the description

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  • 3 weeks later...

This is pretty interesting. Personally, I think it's a bully tactic that would get laughed out of court. In fact, I am surprised that Bethesda would have the standing to sue over this.

 

But this does explain something that I heard in a Gamestop the other day. The dealer there was insisting that there was absolutely no difference between used games and new games once they are purchased by me. Assuredly, he was referring to this case (or at least his idea of this case).

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