Bethesda threatens legal action against someone trying to sell a brand new game.

[Fatt Hughes]

I think their point is they dont know if its actually still in the original factory wrap. I dunno if fake wrap is actually a thing with resellers.

Re-seal can be pretty big deal when it comes to re-selling titles. However, must reputable re-sellers are not going to risk their seller ratings by selling fake wrap as new. Now re-seal being peddled as news is something I come across in in-person resell, particularly flea markets. If you training yourself, you can learn how original wrapping is supposed to look on their respective systems. I am familiar with Nintendos case wrap, and I can spot re-seals right away.

 

[SleepyBoy]

Amazon only has select descriptors for listing items. You can list it as new, or in a separate category as used but with condition descriptors being like new, very good, good, and acceptable. This is not like eBay where you can list your own descriptors in detail. There's no category for pre-owned but unused. While he could have listed it as used-like new (even though it was actually unused), there are literally millions of products listed as new not from licensed retailers. It's petty going after a single person and not a volume seller, but companies usually pick the weak targets as they will capitulate. Bethesda is losing no money from this sale since the item was already purchased and a licensed retailer in Amazon (the licensed retailer relationship being the one the lawyers seem to want to protect) is actually hosting the sale. This is not a listing on PirateBay, this isn't a site hosting ROMS, nor is it some scamming volume seller. They should pick their battles better and not try to create an airtight environment that will only breed negative publicity for their company.

I pretty much agree with you.

Although technically this kid should have listed it slightly different, in reality Bethesda shouldn't have even cared. Makes no sense to make a big deal of this particular situation. Seems like the bad press wasn't worth it.

 

[deviake]

Amazon only has select descriptors for listing items. You can list it as new, or in a separate category as used but with condition descriptors being like new, very good, good, and acceptable. This is not like eBay where you can list your own descriptors in detail. There's no category for pre-owned but unused. While he could have listed it as used-like new (even though it was actually unused), there are literally millions of products listed as new not from licensed retailers. It's petty going after a single person and not a volume seller, but companies usually pick the weak targets as they will capitulate. Bethesda is losing no money from this sale since the item was already purchased and a licensed retailer in Amazon (the licensed retailer relationship being the one the lawyers seem to want to protect) is actually hosting the sale. This is not a listing on PirateBay, this isn't a site hosting ROMS, nor is it some scamming volume seller. They should pick their battles better and not try to create an airtight environment that will only breed negative publicity for their company.

Interesting. I was unaware of Amazon's limited descriptors and the rest, this changes my view a bit.

 

[Madmick]

Amazon only has select descriptors for listing items. You can list it as new, or in a separate category as used but with condition descriptors being like new, very good, good, and acceptable. This is not like eBay where you can list your own descriptors in detail. There's no category for pre-owned but unused. While he could have listed it as used-like new (even though it was actually unused), there are literally millions of products listed as new not from licensed retailers. It's petty going after a single person and not a volume seller, but companies usually pick the weak targets as they will capitulate. Bethesda is losing no money from this sale since the item was already purchased and a licensed retailer in Amazon (the licensed retailer relationship being the one the lawyers seem to want to protect) is actually hosting the sale. This is not a listing on PirateBay, this isn't a site hosting ROMS, nor is it some scamming volume seller. They should pick their battles better and not try to create an airtight environment that will only breed negative publicity for their company.

His choice of sale venue is not Bethesda's burden. "Like New" is the descriptor he should have used. Bethesda has made it clear that he isn't an authorized reseller, which means he's an "owner", and I stop caring about quibbles with semantics after that, nor do the optics concern me as a matter of principle. On eBay he could have easily used the most appropriate descriptor, I think we would all agree, with "New (Other)".

Picking "weak targets" probably has to do with setting a favorable precedent against the stronger targets with lower litigation costs. What are we worried about? Price setting? I've never known Bethesda to aggressively pursue Amazon resellers for undercutting the MSRP with "New" units.

Just because Gamestop is nefarious, and has power in this industry, doesn't justify any transgression by lesser merchants. Bethesda has much more to lose than dabblers and moonlighters.

 

[Jack Reacheround]

I think their point is they dont know if its actually still in the original factory wrap. I dunno if fake wrap is actually a thing with resellers.

No, their point was it does not come with a warranty as do all new games sold by authorized retailers apparently (which I never knew). Anyway, he could easily just change the fucking wording. There is no moral hazard or slippery slope if he does so. Pretty petty shit by Bethesda though. Their lawyers must not have much to do.