GameStop Sells Played Games As New

[[Tripod]MajorPayne]

As long as the case and disc are not damaged in any way and there are no one time use codes being used, I don't see the problem. Or are you just such an asshole that the very thought of some other nerd touching your game disc enrages you?

Do you get angry that "new" cars are driven at the factory? Maybe upset that your "new" PC has be booted up a few times before you got it?

So when you buy "new" clothes, you don't mind if someone else has worn them around a time or two? You don't mind paying full price for a mop that's already mopped a few floors?

How about some dishes that a few other people have eaten off of?

Oh, wait, those are used products. It's exactly the same. There's not even an argument for semantics here. NEW means it has never been used before. USED means someone else has used it. Doesn't matter if no intrinsic value is lost, it's still used and cannot be sold as new. Not difficult at all.

 

[no2censorship]

Wow, the government actually cares about the consumer's money??

Not quite.

The Federal Govt's doing them a favor by prosecuting them. Maybe the govt doesn't intend to, but they are.

In fact, they'd just let Gamestop continue this shit--people would quit shopping there once they knew about it, so it would be better if they were just allowed to continue this; not enough people would shop there. Then Gamestop would go outta biz, and they were already pretty fragile. By prosecuting Gamestop, they're just allowing them to continue on after they screwed people.

You have to go to 100% deregulation, using real money more valuable than silver, like gold and/or platinum, and no taxes to screw evil business men like the Rockefellers, Ballmer, Jobs, Bush, Clinton, FBI agents, idiots who want to make a fast buck (be they rich or poor), doctors who perform unwanted surgeries and unwanted tests often at taxpayer expense.

My dad would be an even better doctor if he hadn't surrendered to another doctor, who clearly violated a patient's directives as of which said no ventilators and no feeding tubes, under any circumstances. Despite that, the other doctor put him on a ventilator anyway. And the damn quack kept his poor patient on it. So, my dad just gave in b/c he's the type that accepts anything and everything, no matter how awful it may be.

My mom's mom has been in virtual hell with alzheimers for almost 3 years now because my dad supported her former doctor putting a feeding tube in against her explicit directives, even though my Dad never would've done it.

Due to those two cases alone, I would say that my dad's so passive that he's probably gay, but there's not anything wrong with being so passively gay.

I think this is the right thing to do.

Not sure which party you believe is right, neither one really is.
the Federal government is keeping gamestop in biz longer than many think gamestop should might deserve by having this law.

 

[bigdogchris]

This fits all into Gamestop not giving a shit about customer service because 14 year old kids don't care about it.

If you can find them, watch the Whistle Blower Zero videos (9 total I believe). It's an ex-gamestop employee who tells-it-like-it-is about the company. Very entertaining, funny and full of reasons to hate Gamestop even more.

 

[0ptional]

This fits all into Gamestop not giving a shit about customer service because 14 year old kids don't care about it.

If you can find them, watch the Whistle Blower Zero videos (9 total I believe). It's an ex-gamestop employee who tells-it-like-it-is about the company. Very entertaining, funny and full of reasons to hate Gamestop even more.

Those got pulled from youtube, you can find them on megaupload still though if you search for it in google. "zero originality megaupload" should turn up the videos

I think they're on gametrailers still though...

 

[erexx]

*pssst* games are QA'd before they go to gamesstop!
Or is it only Gamestop scum that isn't allowed to spin your disc?

Its not the same as selling something that is used as if it where new.
That is what is happening here.
And that's why its a federal crime.

You cant sell a used product like its new for full price at a retail outlet.
Wake up.

 

[arentol]

"Legal experts WAY in on the story."?

Are these people journalists or third graders?

IANAL, but this actually probably isn't a federal crime. The "misrepresentation" isn't misleading in a material respect because unless the employees damage the disc, which in my extensive experience does not happen often, you can't even tell the difference between the "used" discs and the "new" ones. This means that while their might be a misrepresentation, the inability to tell the used from the new might make it an immaterial misrepresentation.

Besides, industry practice is to consider a repurchased game as "used" because it was previously sold as a retail product. Publishers and developers do not get paid until the games sell as new sales, just like musicians, writers, book and magazine publishers, etc, and they don't get paid for future resales. So while it might be argued that the game should be sold as a "Test" or "Display" game, it can't be sold as a "Used" game because that has a VERY specific meaning in the industry. If I purchase a game, take it home, wait a month without even opening the case, then take it back to the store and trade it in, even though it is in perfect condition it is now "used" because it was previously sold and everyone has collected their royalties. So in this industry they could not legally sell a employee tested game as "used". Industry practices and standards will be taken into consideration, and as someone previously pointed out all stores that specialize in videogames view this issue exactly the same way.

BTW, the best analogy is new books. If you go to Barnes and Noble and purchase a book is it new or used? Someone may have read the entire book in a chair right there in the store. Certainly it is likely someone has flipped through it at the least, unless you grab it from the back of the stack anyway. Yet Barnes and Noble still is charging full price for the "new" book unless the book is clearly damaged. Is that a deceptive trade practice? Of course it isn't. The simple testing of a game by an employee is different in no significant way from book store practices unless the disc is clearly damaged. Because these industries are so similar in nature this will likely weigh VERY heavily in Gamestop's favor.

The only real argument would be that customers of book stores know and expect that someone might have read the book while customers at Gamestop don't know about this practice. However, I have known about this practice since the day they started it, and I would hazard a guess that at least half of Gamestop's customers know about this practice, understand it, and have no problem with it. If half your customers know you are doing something like this, and if it is an industry standard practice (which it is in videogame specialty stores) then that should be sufficient to make it a "common practice" and therefore not a deceptive trade practice.

 

[KaoriNagisa]

I understand what everyone is saying. But the next time you walk into a Gamestop and ask "What's this game like?" and they can't tell you because they don't have $60 for every single new game that comes out because they only make minimum wage, don't rage and bitch on here that they don't know anything about games. The Gamestop that I work at, most of the time we try to sign out the used stuff when it comes in. And also, this is absolute nonsense. You have no idea how many times a day someone walks in with a new game that they played and didn't like and they want to return it, and when we tell them we can't, they flip out. So it's ok in your mind for me to take back a game that you played and didn't like and sell it back to someone else as new, but it's not ok for me to sign out a game so I can be a better informed employee when you walk in the door and give you better customer service.Don't get me wrong, in my opinion we should only be allowed to sign out used games, but I can see where the mean machine that is Gamestop is coming from. Just don't be a hypocrite and bitch on here when we won't take back your new game because you didn't like it.

 

[KaoriNagisa]

"Legal experts WAY in on the story."?

Are these people journalists or third graders?

IANAL, but this actually probably isn't a federal crime. The "misrepresentation" isn't misleading in a material respect because unless the employees damage the disc, which in my extensive experience does not happen often, you can't even tell the difference between the "used" discs and the "new" ones. This means that while their might be a misrepresentation, the inability to tell the used from the new might make it an immaterial misrepresentation.

Besides, industry practice is to consider a repurchased game as "used" because it was previously sold as a retail product. Publishers and developers do not get paid until the games sell as new sales, just like musicians, writers, book and magazine publishers, etc, and they don't get paid for future resales. So while it might be argued that the game should be sold as a "Test" or "Display" game, it can't be sold as a "Used" game because that has a VERY specific meaning in the industry. If I purchase a game, take it home, wait a month without even opening the case, then take it back to the store and trade it in, even though it is in perfect condition it is now "used" because it was previously sold and everyone has collected their royalties. So in this industry they could not legally sell a employee tested game as "used". Industry practices and standards will be taken into consideration, and as someone previously pointed out all stores that specialize in videogames view this issue exactly the same way.

BTW, the best analogy is new books. If you go to Barnes and Noble and purchase a book is it new or used? Someone may have read the entire book in a chair right there in the store. Certainly it is likely someone has flipped through it at the least, unless you grab it from the back of the stack anyway. Yet Barnes and Noble still is charging full price for the "new" book unless the book is clearly damaged. Is that a deceptive trade practice? Of course it isn't. The simple testing of a game by an employee is different in no significant way from book store practices unless the disc is clearly damaged. Because these industries are so similar in nature this will likely weigh VERY heavily in Gamestop's favor.

The only real argument would be that customers of book stores know and expect that someone might have read the book while customers at Gamestop don't know about this practice. However, I have known about this practice since the day they started it, and I would hazard a guess that at least half of Gamestop's customers know about this practice, understand it, and have no problem with it. If half your customers know you are doing something like this, and if it is an industry standard practice (which it is in videogame specialty stores) then that should be sufficient to make it a "common practice" and therefore not a deceptive trade practice.

Too right

 

[TheBlueChanell]

I work at a gamestop and I can say that this does indeed happen but normally not with new games, they are used games. We are allowed to check them out for x number of days and I see nothing wrong with this because I'm able to play the games that we sell and give our customers more accurate opinions and advice when needed.

I can't vouch for other gamestop's but I feel confident in saying that everyone that works at my store strive's to take good care of our games. If a game is being traded in and we wouldn't buy it ourselves we don't take it. It's as simple as that. We've never had a problem with games taken home returning scratched/broken or anything.

 

[P!rate]

I have no idea why theres a whole thread about this, who gives a shit? As a pc gamer, sure, but if i played console, i wouldnt care as long as the game works and it looks new, how is it going to affect me?

 

[TheBlueChanell]

GameStop would do this right in front of you.

I have been to stores to get the game, the last copy being the "new display box". They would grab the display case off the shelf, take the disk out of a binder they had behind the counter then attempt to sell it to me as new. Which, of course, I refuse the item and go to another store.

I don't understand what the big deal is with this. You people act like it's the end of the world.

Let's say we get 50 copies of a game on launch day, let's use CoD5:WAW for instance, we will do one of two things. 1) We will take 1 of the 50 copies cut it open, take the game out, sleeve it and put it behind the counter with the other sealed 49 copies of the game and than place the empty box on the wall so customers know what games we have in stock. If a game is on the wall that means we have it in stock. 2) If it's a big release that's going to sell well we will take 4 or 5 of the 50 copies and go through the "gutting" process and place the 5 empty cases as a focal point for the wall in a "New Release" section.

There's absolutely nothing wrong with this. We sell the sealed copies before the gutted copy, and if by chance someone buys the last gutted copy of the game we offer to reseal it for them. This process keeps your games safe, and it's a security measure for us because before this was done games used to grow legs and walk off on their own.

 

[TheBlueChanell]

I have no idea why theres a whole thread about this, who gives a shit? As a pc gamer, sure, but if i played console, i wouldnt care as long as the game works and it looks new, how is it going to affect me?

Agreed. We aren't allowed to check out PC games because of DRM/CD Keys, we don't even take them as trade.

For all of you bitching about this being a crime, I think you're barking up the wrong tree. You're paying $60 for a videogame which is complete and utterly ridiculous in my opinion, yet you're complaining about something as minuscule as this.

 

[arentol]

You cant sell a used product like its new for full price at a retail outlet.

Actually you can sell something that is used for full price. Hell, you can sell something that is used for twice the new price if you want. The only thing you can't do is claim it is new when it isn't. However, the question may then be what makes a videogame "not new", and that is what the FTC is going to have to figure out.

 

[Joe Average]

Every store I've ever dealt with that sells computer software has done this as a regular practice, and that's a long damned amount of time going back to the early 80s.

And this is news to people now?

 

[cvinh]

Thank god this is being addressed. I remember purchasing a "new" copy of MGS4 and they slap a "New" sticker on it. I decide to give them the benefit of the doubt and just take it. Once I get out of the store and open it the book has creased pages and there are greasy fingerprints on the disc. I go "of course" and try to return it.

I get into an argument of course about it being used now that I've taken off the "New" sticker. Once I asked them for their corporate number they finally let me return it. I go to Wal Mart and buy a new sealed MGS4 at the same price.

 

[GilmourD]

Same with DVDs. Walked into local store the other day to hear idiot staff boasting to each other about the new films the shop had got in, and about their "borrowing" of them overnight to watch. So they go back on shelf complete with scratches, jam and fingerprints all over them.

Would be a good idea if this perk was killed off. Especially if the game needs a licence number to play. If the shop staff can't afford to buy the game, then they need to get a better job where they can afford to buy their own copy. Why should they be able to steal use from my copy before I buy it?

Or if this is to "help the customer" by them knowing more about the game, then the store should buy them copies.

As a former employee of the company (back when my store was called Software, Etc.), if the game was returned scratched, you bought it. There was zero tolerance on that policy. You absolutely had to bring it back in pristine condition.

As far as license numbers... I haven't played any console games that require such.

 

[MR_PERFECT]

fire them sorry workers

 

[ZDPhoenix]

If it's such a good thing, why doesn't Gamestop just foot the bill for the store to have a copy of the new game?

Regardless of what "value" you perceive coming from the practice, it's illegal.

Because that would be decent and human of a soul-less company.

I don't really care, since GameStop's been inhumanly good to me in the past, but they really should make the "loaner game" just stay a Used copy.

 

[Morazl]

Taking something out of its retail packaging, using it for the weekend and then selling it on Monday as "new" is a federal crime? Gee, whoddathunkit?

I worked at a 7-8 store chain called "Slacker's CD's & Games" that did this, no one really ever gave us a hassle about it. Personally I don't find much harm in it and I don't care if I went to gamestop and purchased a new game - only to see them sleeve it and re-shrink wrap it for me. Hell, as long as I can check the condition before buying and it looks unscratched then it's good as new.

 

[0ptional]

I worked at a 7-8 store chain called "Slacker's CD's & Games" that did this, no one really ever gave us a hassle about it. Personally I don't find much harm in it and I don't care if I went to gamestop and purchased a new game - only to see them sleeve it and re-shrink wrap it for me. Hell, as long as I can check the condition before buying and it looks unscratched then it's good as new.

If the game is unused I'm less inclined to be pissed off, but this is about the games that they take home and use and THEN try to sell as new, which makes it not new...

 

[AngryAngy]

All they need to do is call them "demo copies" and cut the price by $5. They might even find they sell more copies by constantly having a small number of products marked as ex-demo on the shelf, regardless of whether they were used or not. It's a dumb world sometimes.

 

[Conker]

Theres a difference between new and like new. Go and try to sell something on half.com or some other place. Theres a clear line when something is opened it is sold like new but when its sealed from the factory it is sold brand new. The stores should just put the copies behind the counter on the wall factory sealed. They need a glass container like walmart or kmart. Theres no reason to open up all the games and take the discs out. You know how people think when they get stuff for free. They don't care since its not theres so they scratch it up and finger print it with their greasy hands then these guys try to sell everyone these games brand new. Hopefully this changes the way all these shops work. Its either factory sealed or no deal.

 

[0ptional]

All they need to do is call them "demo copies" and cut the price by $5. They might even find they sell more copies by constantly having a small number of products marked as ex-demo on the shelf, regardless of whether they were used or not. It's a dumb world sometimes.

For them the problem is not getting that 5$. That's the whole point to this.

 

[MavericK]

So when you buy "new" clothes, you don't mind if someone else has worn them around a time or two?

Actually, they most likely have been worn around a bit. When people try on clothes and don't buy them, they're hung/folded back up and sold as new.

That said, I've never had Gamestop try to pull this shit on me. The only times I've gotten new games there, they pulled a sealed copy out of a locked case behind the counter. If they tried to sell me an opened copy as new, I'd be telling them to fuck off. I've had a lot of unrelated problems with Gamestop lately and this would probably be three strikes and you're out. And I've spent a lot of money there, so they really should care about losing my business.

 

[jynxycat]

Having worked at a Gamestop for like 6 years, I'll say that I treat my games, including ones I checked out, FAR better than any customer ever did.

That being said, I'd laugh if GS got in trouble for this now, considering they've been doing it for like 10 years.

 

[Canon]

I don't like EB's way of handling PC games at all.

Back a few years ago, I bought Planetsdide for the PC. At the time, I lived out in the middle of nowhere and it was ~30 minute drive to EB. They took their little ziplock bag and put it inside the empty Planetside box. I get all the way home, open it up and get ready to install. I find that the CD key is no where to be found, rending the game completely useless. I had to take another 30 minute ride back to the store to get a CD key (which they just took out of another bag from behind the counter...

If this happened to me, it has happened to others. There is no excuse for not leaving the games properly sealed from the factory and is a perfect reason why I won't be buying from them anymore.

Personally... screw the store front. I like buying my games on Steam better. It's far more convenient and none of that crap to deal with.

 

[Tolyngee]

I downloaded one of my games via Steam, and I just have the odd feeling someone's already downloaded it before me.

Now the game just has that not-so-fresh feeling...

 

[MisterSparkle]

I downloaded one of my games via Steam, and I just have the odd feeling someone's already downloaded it before me.

Now the game just has that not-so-fresh feeling...

True that. Those bits on steam's servers were accessed before I did. For shame Steam, for shame

 

[Morazl]

As long as the case and disc are not damaged in any way and there are no one time use codes being used, I don't see the problem. Or are you just such an asshole that the very thought of some other nerd touching your game disc enrages you?

Do you get angry that "new" cars are driven at the factory? Maybe upset that your "new" PC has be booted up a few times before you got it?

Hit the nail on the head.

 

[P!rate]

Dont like it? Buy it online...
/thread

 

[ZDPhoenix]

Dont like it? Buy it online...
/thread

Nah, that's like a mild case of internet xenophobia.

Some of us like dealing with real people.

Although I will be buying all my PC games on steam from now on, to avoid disc checks.

 

[P!rate]

Haha, im still hesitant on steam, ive had my account hijacked and it was a bitch to get back

 

[snowden]

If it's just "no big deal" to sell used games as new then why do they sell used games at a reduced price? I mean it's not a big deal right?

And if the game was taken from the store, opened, and used then it's a used game. Even if you bring it back and try to play idiot mental masturbation with yourself. "Someone drove my new car! Someone wore my new clothes! Blah blah blah!"

I got an additional $500 off my wife's Mazda6 because the vehicle had 110 miles on it. There is no way the factory puts that many miles on the car and I know how car dealerships work. The employees used the car to drive to lunch, took it home a time or two, etc...

Just because there are a bunch of fools in this thread who are willing to pay full price for used stuff doesn't somehow make the used stuff transmute itself into new stuff.

 

[Kowan]

The employees are only doing it out of the goodness of their heart so they can give better advice on which game you should buy...
Sounds like a perk to offset low wages.

 

[Azhar]

I remember Electronic Boutique doing something where if you wanted a game, they would take the box (which had no game) open up a drawer grab the dvd put it back in.. then if that don't beat all, they'd use a heat gun to reshrink wrap it.. I mean come on WTF. You have those security detectors at the door, why have them behind the desk?

at least, this way you can demand to see the disc for wear or damage before they put them in the box, whereas a re-shrinkwrapped box might be difficult to determine.

 

[RiZnO]

Just picked up RA 3 for 360 it was the display model. It could have been played a million times for all I know but it looked brand spankin besides the gay ass tape being cutfor me already which I see as a bonus! lol I really hate that security tape

 

[Kristofff]

So when you buy "new" clothes, you don't mind if someone else has worn them around a time or two? You don't mind paying full price for a mop that's already mopped a few floors?

How about some dishes that a few other people have eaten off of?

Oh, wait, those are used products. It's exactly the same. There's not even an argument for semantics here. NEW means it has never been used before. USED means someone else has used it. Doesn't matter if no intrinsic value is lost, it's still used and cannot be sold as new. Not difficult at all.

Clothes would have body filth on them if worn as outfit so would not be new anymore.
Mop would be soiled, no longer new.
Plates you eat off of so there could be health concerns besides the fact that they aren't new aymore.

A better analogy would be you bitching about the fact that someone had looked at a mirror you bought and whining that it's been used.

As long as the disc and case is perfect, its still new. The data integrity is what is important.

I have no idea why theres a whole thread about this, who gives a shit? As a pc gamer, sure, but if i played console, i wouldnt care as long as the game works and it looks new, how is it going to affect me?

Because somebody touched your precious disc that you'll probably be trading in in month, anyways.

If the game is unused I'm less inclined to be pissed off, but this is about the games that they take home and use and THEN try to sell as new, which makes it not new...

And besides your pretend moral opinion of law (that is really just bias againt Gamestop), what is wrong with that perfect condition game being sold like new??

If it's just "no big deal" to sell used games as new then why do they sell used games at a reduced price? I mean it's not a big deal right?

And if the game was taken from the store, opened, and used then it's a used game. Even if you bring it back and try to play idiot mental masturbation with yourself. "Someone drove my new car! Someone wore my new clothes! Blah blah blah!"

I got an additional $500 off my wife's Mazda6 because the vehicle had 110 miles on it. There is no way the factory puts that many miles on the car and I know how car dealerships work. The employees used the car to drive to lunch, took it home a time or two, etc...

Just because there are a bunch of fools in this thread who are willing to pay full price for used stuff doesn't somehow make the used stuff transmute itself into new stuff.

Trade in games are worn and can't be vouched for. 110 miles puts real wear on the car. You have no point. These are perfect condition games.

 

[0ptional]

The point is that it isn't new, it was used by store employee's, and I don't care how careful they were, it's not a new game anymore, it's been played, used, put in a console, left on a table, licked by a dog, etc.. it's no longer new.

And it's not *besides my moral opinion of law* I was just stating what this article was about...

 

[Exavior]

Clothes would have body filth on them if worn as outfit so would not be new anymore.
Mop would be soiled, no longer new.
Plates you eat off of so there could be health concerns besides the fact that they aren't new aymore.

A better analogy would be you bitching about the fact that someone had looked at a mirror you bought and whining that it's been used.

As long as the disc and case is perfect, its still new. The data integrity is what is important.



Because somebody touched your precious disc that you'll probably be trading in in month, anyways.



And besides your pretend moral opinion of law (that is really just bias againt Gamestop), what is wrong with that perfect condition game being sold like new??



Trade in games are worn and can't be vouched for. 110 miles puts real wear on the car. You have no point. These are perfect condition games.

Say who. How do you know the games are in perfect condition. They would have been lent out 20 times for all you know. Plus if it is new to them then why isn't the trade in? If I buy a game and return it unopened I get all my money. If I open it in the store then turn around and trade it in (mind you with never actually playing it or taking it out of the case) I only get about $10. Then they turn around and sell it as used. So if they open if for any reason it is still new. If I open it for any reason it is used.

The point is that it isn't new, it is a crime. It isn't the OMG somebody else touched the disc that bothers me, but the fact that they have been playing the game and it is no longer "new" it don't care if they played it for 1 hour or 9 weeks. either way it is used. You can't lie about something being used sell it as new according to the law.

 

[silenteye]

i remember one time buying metroid fusion "brand new" for the GBA

come home, turn it on, theres a saved game on it..

i said wtf