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-explains-why-bethesda-blocked-resale-of-a-sealed-copy-of-the-enemy-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 :
[video=youtube;c6VOFDh3g70]https://www.youtube.com/watch?v=c6VOFDh3g70[/video]