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Thread: Bethesda Softworks Stopping Resale Of Secondhand Games

  1. #1

    Bethesda Softworks Stopping Resale Of Secondhand Games

    According to Vorys (their legal team) the selling of a secondhand item is not allowed because it doesn't have a warranty. The reselling of a product without a warranty would mean it has been 'altered', which would then move it outside the protection of the First Sale Doctrine.

    https://www.polygon.com/2018/8/11/17...source=twitter

    That's one way to get PR I guess...

  2. #2
    Sometimes I think lawyers are not humans.

  3. #3
    A. Polygon is a crap source.

    B. PC games, for the last 30 years, have been "illegal*" to resell. In other words, this is non-news. It's why DRM is such a big deal the last 10 years.

    *If not illegal, then impossible commercially...selling to "friends" does not count

  4. #4
    Originally Posted by Caramel Clown View Post (Source)
    Sometimes I think lawyers are not humans.
    That's because they are not. They are vile blood sucking creatures that deserve only the worst of fates.

  5. #5
    Story wasn't exactly as it seemed. Here's the update. Apparently they had an issue with the guy calling it "new". It's considered pre-owned and soon as you buy it. Guess it doesn't matter if you don't open it. Like when you buy a new car and drive it off the lot it becomes used.

    https://www.pcgamer.com/pete-hines-e...nemy-within-2/

  6. #6
    Originally Posted by Mxpower76 View Post (Source)
    Story wasn't exactly as it seemed. Here's the update. Apparently they had an issue with the guy calling it "new". It's considered pre-owned and soon as you buy it. Guess it doesn't matter if you don't open it. Like when you buy a new car and drive it off the lot it becomes used.

    https://www.pcgamer.com/pete-hines-e...nemy-within-2/
    Thanks for the heads-up. Isn't it amazing how much the media distorts facts and people read into them what they want to (despite that reading being totally flawed)?

  7. #7
    Yeah media outlets especially ones like Polygon will take just a small snippet of information from a real story and twist it into something to stir the pot before they have all information. Then later after the article has stirred the pot to the point of spilling over they publish an update with the official response from Bethesda.

    The damage is already done and the people that are frothing from the mouth have already been misinformed and will not return to the article to see the update. This is what all media is all about now. Misinform you with a opinion piece with a twisted "taken out of context nugget of truth" just so they can get people to burn the world for them.

  8. #8
    Originally Posted by Mxpower76 View Post (Source)
    Story wasn't exactly as it seemed. Here's the update. Apparently they had an issue with the guy calling it "new". It's considered pre-owned and soon as you buy it. Guess it doesn't matter if you don't open it. Like when you buy a new car and drive it off the lot it becomes used.

    https://www.pcgamer.com/pete-hines-e...nemy-within-2/
    Like that makes it acceptable, sorry but it's none of Bethesda's business is it.

    If I mark an item as "new" on ebay and it's still sealed, unopened and the key has never been activated it is new, this is literally how shops work.

    If that scenario is not classed as new how on earth is anyone able to ever buy a "new" item if not from Bethesda.


    Their argument :

    "You could have opened it up," he went on to explain, "played it for five hours, taken whatever inserts or stuff was in there, put it back in shrink wrap and said, 'Hey this is new.' It's not new - you owned it, you bought it, so just list it as a used title. That's it, that's the end of the argument."


    Is ridiculous, because they can't verify that with any retailer ever.

    It's all about an overbearing company wanting to have absolutely all sales under their control, and a dude on ebay/amazon selling his copy of a game apparently is a threat to that.

    According to Jim Sterling, the dude bought the PS4 version before getting a console, never opened it, never used it. Then instead of buying a PS4 ended up spending the console money on his PC instead. So sold the game.

    If I am selling an item on ebay that's never been used and is 'new' then I think it's fine to call that new, and I think it's absolutely no business of Bethesda's.

    Here's the referenced Sterling video on it :


  9. #9
    I can't remember which of the Bioshock games was it...but one of them came out with only 3 activations per purchase. THREE. Uninstalls wouldn't revert them either. So after installing game 3 times you basically didn't own it anymore. Backlash was so hard they had to quickly remove it, and come up with some stupid excuse. Publishers have been making attempts at basically renting you games for full price for years now. Only because this time it's a "misunderstanding" doesn't mean they don't deserve the flak they get.