Bethesda Blocks Resale of Used Game

Discussion in '[H]ard|OCP Front Page News' started by Megalith, Aug 11, 2018.

  1. Megalith

    Megalith 24-bit/48kHz Staff Member

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    Bethesda has threatened to sue Amazon Marketplace seller Ryan Hupp for selling a sealed copy of The Evil Within 2. While the resale of used, unaltered copyrighted goods is generally protected by US law, the company’s lawyers argued it didn’t apply here, as the game lacked a warranty and was therefore “materially different from genuine products.”

    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.”
     
  2. Chris_B

    Chris_B [H]ardness Supreme

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    A single fucking game and they're crying about it? :eek:
     
  3. Krazy925

    Krazy925 epeen +11

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    I predict serious unexpected consequences from this decision
     
  4. harbingerofdoom

    harbingerofdoom Gawd

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    dear bethesda.
    you are starting to piss people off and your games are not so good that you can do that.
    stoppit.
     
  5. zalazin

    zalazin [H]ard|Gawd

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    this will backfire on Bethesda big time watch their sales drop......
     
  6. DrLobotomy

    DrLobotomy [H]ardness Supreme

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    Aren't greedy people great!! Greedy corporations are even better!!

    I love the path humanity is taking and I would like to thank the sad population for our new end game.

    Go Bethesda!!!
     
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  7. Denpepe

    Denpepe Gawd

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    I like it, maybe this is a step towards stopping scalpers from buying stuff ro sell at a profit like collectors editions..
     
  8. MMitch

    MMitch Limp Gawd

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    Well if it was done in this intention, good... but was it ?
     
  9. HeadRusch

    HeadRusch Gawd

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    Um, this is Zenimax....is there anything they do NOT do to piss off the community? Sue VR creators after-the-fact, demonize the mod community that made their games playable and pretty by introducing paid-mods, and they continue to rehash their same, tired engine because they have absolutely no financial reason not to: They know people are going to buy this shit. I would absolutely believe they'd be the company to start suing trying to stop people from selling used games :D
     
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  10. Tactlesss

    Tactlesss n00bie

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    So wait is it a used console copy or PC copy? Because if was a console version then Bethesda can go fuck themselves.
     
  11. JosiahBradley

    JosiahBradley [H]ard|Gawd

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    Do you want to sell me Doom Eternal? Cause this is how you end up not selling me Doom Eternal. Fuck with the community, they vote with their wallets.
     
  12. SolidBladez

    SolidBladez [H]ardness Supreme

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    Looks like a PS4 copy.

     
  13. DeathFromBelow

    DeathFromBelow [H]ardForum Junkie

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    This is what happens when a company has been too successful for too long. The people who make great products get replaced by the parasites from marketing or legal.
     
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  14. CrazyRob

    CrazyRob [H]ard|Gawd

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    I can understand a publisher taking issue with marketplace sellers listing items as "new" when they may not be in original condition, as they want to protect their brand, and don't want people to get the wrong impression of what their new products are actually like. But this seems like an overly heavy-handed method if that's the case. They requested him to remove not just this listing, but any other listing of any Bethesda product. That's just spiteful and simply pointless. What are they trying to gain from this other than negative press? How could this possibly be good for anyone?
     
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  15. Tactlesss

    Tactlesss n00bie

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    Well if they are going this hard for a "used" copy of the evil within 2 then it makes me wonder if Zenimax is scared that Fallout 76 will be a clunker.
     
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  16. Brokennails

    Brokennails [H]ard|Gawd

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    Hahah, Bethesda! Buying my game keys from a third party reseller now. Suck it!

    P.S. Probably why Fallout 76 isn't being sold on Steam as Steam allows refunds.
     
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  17. Evil Timmy

    Evil Timmy [H]Lite

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    Crazy that Bethesda is overreaching this far, and I feel the tentacles of ZeniMax and their swarms of lawyers hard at work on this one. This isn't a game key, account, or other license, this is a physical item with a UPC, sealed in the original packaging. "Shrink-wrap EULAs" have already been found to be BS, now you just have to look at a game's packaging for it to constitute acceptance of their terms and conditions? Up with this we will not put!
     
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  18. oldmanbal

    oldmanbal [H]ard|Gawd

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    copies sold: 30,000,000 The Elder Scrolls V: Skyrim Bethesda Game Studios Bethesda Softworks November 11, 2011 Multi-platform

    Bethesda gets a free pass unfortunately, since no one else is going to be releasing an elder scrolls VI
     
  19. Master_shake_

    Master_shake_ Little Bitch

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    first sale doctrine applies here does it not?
     
  20. auntjemima

    auntjemima Hand Jobs Legend

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    The cost of the lawyers time cannot be worth it for one copy.
     
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  21. RogueTrip

    RogueTrip 2[H]4U

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    Yeah. I'd like to see that go to court as reason of a warranty blocks the sale of a used piece of software and voids the first sale doctrine.

    So lame bethesda.
     
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  22. Danny Dawg

    Danny Dawg [H]ard|Gawd

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    Oh I get it now . . . "the game lacked a warranty and was therefore 'materially different from genuine products' . . ..so that's why the damn games don't have to work on the first day you buy them.
     
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  23. HeadRusch

    HeadRusch Gawd

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    It sucks when a game that people enjoy is made by a company that people generally despise :)

    That lawfirm, btw, seems to advertise that as its bread-and-butter..helping companies crack-down on resales or First Seller laws.

    But Bethesda has not yet challend the NerdVerse...and it's armies are Vast. Vaaaaast....
     
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  24. RealBeast

    RealBeast Gawd

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    Bethesda's attorneys are completely full of shit IMO (as a patent and copyright attorney since 1998). Most judges that I've dealt with in Federal court would slap them back to last Tuesday for arguments that frivolous that completely lack legal authority.
     
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  25. SecretStash

    SecretStash Limp Gawd

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    I think boycotting fallout 76 will help put them in their place. By the time we get new single player games, maybe they will be more humble again.


    ^ the opposite will happen though.
     
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  26. Delicieuxz

    Delicieuxz Gawd

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    I don't think Bethesda has any legal power to interfere with game resales including whether they're listed as "new" or "used". Bethesda simply doesn't have any such policing power.

    The US Supreme Court has ruled that people may resell their copyrighted goods without needing any permission from the copyright holder - period: Supreme Court Boosts Right To Resell Copyrighted Goods

    For Bethesda to say that people may not sell their games as "new", that would be requiring a permission from the copyright-holder to do so, and so is invalidated by the US Supreme Court's ruling.


    Bethesda is no stranger to unscrupulous practices and lawsuits, just as they are no stranger to losing the lawsuits they file against other people and developers.
     
    Last edited: Aug 11, 2018
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  27. ChoGGi

    ChoGGi [H]ard|Gawd

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    It's Zenimax, I'd be surprised if they didn't have lawyers on retainer.
     
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  28. xmadror

    xmadror Limp Gawd

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    so I guess they don't know about ebay ?
     
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  29. _l_

    _l_ I Am A Cock

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    if EA or Steam or whoever suddenly claimed bankruptcy and then closed shop, what would happen to millions of PC gamer's games?
     
  30. SecretStash

    SecretStash Limp Gawd

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    A lot of angry non-pirates would feel justified in finding a way to acquire their drm free copy.
     
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  31. Nytegard

    Nytegard 2[H]4U

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    And this is why streaming games from "the cloud" is the future of computing. We're basically going to be time travelling back to the 1970s when your access to computers was via dumb terminals.

    Companies will give some sort of reasoning such that they can provide bleeding edge PC performance for a minimal cost, but the bottom line is you'll no longer have any ownership of your games. You'll be renting time to play video games. And when you're done, that's money you'll never be able to get back. And since there is no real product, you can't return time.
     
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  32. nutzo

    nutzo [H]ardness Supreme

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    :D:D:D:D:D
     
  33. nutzo

    nutzo [H]ardness Supreme

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    An that's when I'll stop spending money on computer games. I'm getting too old to really enjoy them as much as I used to, so this won't be much of a loss.
    Already see this with phone games. I have never paid for any apps/games on my android phone. The few games I play are free, and I just ignore the in-app purchases and ads.


    Maybe I'm just old, but I've always prefer to own, not rent.

    I've never leased a car, or even rented a place to live.
    I bought a condo when I moved out of my parents house after college. I knew once I started paying rent, I would never be able save enough for a down payment.
    Actually, I paid my parents rent the last year I lived at home because I was no longer going to school, and was just working. Wasn't much, just enough to cover food and utilities.
     
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  34. pcgeekesq

    pcgeekesq [H]ard|Gawd

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    The real bottom line is you won't own anything. You'll rent your living quarters, rely on self-driving taxi services for transport, stream your entertainment, subscribe to the software you need. Clothing-as-a-Service, Food-as-a-Service, sure, why not?

    Eventually the 1% will own 100%, and the 99% will work for them to earn their monthly fees.
    The end-game business model is LaaS: Life-as-a-Service.
     
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  35. pcgeekesq

    pcgeekesq [H]ard|Gawd

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    A judge I worked for once told me the average IQ for attorneys was 80.
    And that's the average.

    Note that the average IQ in the population is 100, and that an IQ of 70 is considered Mild Mental Retardation.
     
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  36. Meeho

    Meeho 2[H]4U

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    Was he an attorney at some point? :)
     
  37. pcgeekesq

    pcgeekesq [H]ard|Gawd

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    Yes. As am I.
     
  38. gbnz

    gbnz n00bie

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    I can see where Bethesda is coming from with this and as someone who has been stung by buying a stolen phone which was advertised as "new"

    For all Bethesda knows the game could of been stolen or repackaged but on the otherhand this happens all the time especially on ebay and with other importers so they are going to really struggle to fight it.
     
  39. KazeoHin

    KazeoHin [H]ardness Supreme

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    This is a cluster fuck...
     
  40. Burticus

    Burticus 2[H]4U

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    Wow trying to resell an unopened, shrink wrapped game is getting this much hate. Crazy. Go ahead and open it and sell it as "used" I guess. Or go to Gamestop and get your $2.