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Old 08-11-2018, 11:56 AM   #1
dyne dyne is offline
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Default Zenimax quietly trying to stop the sale of used games.

This is interesting. I’m saying Zenimax even though the article repeatedly says Bethesda. I’m assuming the parent company is the one responsible.

https://www.polygon.com/2018/8/11/17...s-amazon-block

Quote:
But it looks like one publisher, Bethesda Softworks, may be seeking to rein in sales of used games online. Bethesda recently sent out a notice to at least one seller on Amazon’s Marketplace who was trying to sell a sealed copy of The Evil Within 2, demanding that they remove their listing. That letter included a phone number for sellers of Bethesda’s games to call, suggesting that the company is sending out such notices to multiple sellers.
Quote:
Philadelphia-based Ryan Hupp recently contacted Polygon to explain how he’d been forced by Bethesda to stop selling his copy of The Evil Within 2. He bought the game but never unwrapped it, he told us. He’d been expecting to purchase a PlayStation 4, but instead spent his money upgrading a gaming PC. Hupp said he often sells used goods through Amazon Marketplace, which works in much the same way as other online trading sites, such as eBay.
Quote:
Bethesda’s legal firm Vorys sent Hupp a letter, which he forwarded to Polygon, warning that the game must be taken down and threatening legal action for non-compliance. In its letter, Vorys made the argument that Hupp’s sale was not “by an authorized reseller,” and was therefore “unlawful.” Bethesda also took issue with Hupp’s use of the word “new” in selling the unwrapped game, claiming that this constituted “false advertising.”
Quote:
Hupp complied with the demand, but in a reply to Vorys, he pointed out that the resale of used copyrighted goods — such as books, video games, DVDs — is protected in U.S. law through the First Sale Doctrine. This allows consumers to sell a used game, so long as it’s not significantly altered from its original form.

Bethesda’s letter claims that Hupp’s sale is not protected by the First Sale Doctrine, because he is not selling the game in its original form, which would include a warranty. The letter says this lack of warranty renders the game “materially different from genuine products” that are sold through official channels. In theory, this argument could be used against anyone who sells a used game without specific permission from Bethesda. If taken to its logical conclusion, Bethesda’s legal move could spell the end of users selling used games — or even brand-new unopened games — via online sites like eBay and Amazon Marketplace.

“Unless you remove all Bethesda products, from your storefront, stop selling any and all Bethesda products immediately and identify all sources of Bethesda products you are selling, we intend to file a lawsuit against you,” the letter reads. It goes on to state that a lawsuit would seek “disgorgement of profits, compensatory damages, attorneys’ fees and investigative and other costs.”
More at the link.
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Old 08-11-2018, 09:55 PM   #2
Derb Derb is offline
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Dunno.

Odd story & if true odd behaviour on Zenimax to claim ownership of a product that is physically for sale.
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Old 08-12-2018, 02:56 AM   #3
dyne dyne is offline
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Further clarification says they don’t care if you resell a game just as long as you don’t list it as “new”, even if it’s unopened. Still a very odd situation.

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

Quote:
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.
Quote:
"We are not trying to stop anybody selling a used game, we would never try and stop anybody from selling a used game," he reiterated. "We do have an issue with people representing they are selling a new copy of the game when we have no ability to tell it is actually new, so we aren't going to allow somebody to say 'this is new'.

"If you want to sell your copy of the game, it's 'pre-owned'. You can't say that it's new because I have no way to verify that, and ultimately that person is our customer we have to deal with and if there's stuff missing or things that have happened we're the ones that are going to have to make it right.

"You want to sell it as new, go to your buddy and say, 'Hey I haven't opened this copy, it's new, give me $60 for it.' If he buys it from you, knock yourself out, but don't go on Amazon and represent yourself next to a retailer who we know we shipped sealed product to and they're going to sell you an actual new copy of the game."
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Old 08-12-2018, 03:01 AM   #4
Rzzzz Rzzzz is offline
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Kind of reminds me of when Garth Brooks tried to stop the sale of used CD's. These bastards have more money than they can ever spend in their lifetimes and it is still isn't enough.....
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Old 08-13-2018, 01:27 AM   #5
Suntory_Times Suntory_Times is offline
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Quote:
Originally Posted by dyne View Post
Further clarification says they don’t care if you resell a game just as long as you don’t list it as “new”, even if it’s unopened. Still a very odd situation.

https://www.eurogamer.net/articles/2...ce-game-seller
Yeah they just want to compel you to not describe something new as being new. This isn't something they should be doing and I hope they get a wave of well earned negativity for this.
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Old 08-13-2018, 06:37 AM   #6
Lum Lum is offline
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The technicalities of this have merit. New from an authorized or unauthorized source isn't precisely the same.

But it's scummy for Bethesda to wait so long (they've been making games for years) to bring it up, starting by targeting a random person.
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Old 08-16-2018, 02:08 PM   #7
emailking emailking is offline
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I wonder if they describe it as "Used - Like New - Sealed" if that would solve it?
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