Bethesda Tried To Stop Someone Reselling A Game

Joanna Estrada
August 13, 2018

Hupp did take down the listing, but he responded to the letter with an argument stating that game resales are protected in the USA by the First Sale Doctrine; this law states that customers can resell games (as well as other copyrighted items such as books or DVDs) as long as they are not significantly altered from their original form. Over the weekend, it looked as if Bethesda was trying to put a stop to this practice, but the company has now clarified that the issue was over the language used in the listing.

Bethesda's lawyers sent a stern letter to a man selling an unopened copy of The Evil Within 2 on Amazon, threatening legal action against him if he failed to take down the listing.

According to Polygon, whom Hupp had shown this letter to, he simply didn't have use for the copy after spending money he had saved on upgrading his PC rather than buying a PS4. "This is how we help protect buyers from fraud and ensure our customers always receive authentic new product, with all enclosed materials and warranty intact".

Multiple used copies of the game, and of other Bethesda games, are still available on the Amazon Marketplace and Bethesda is not officially saying anything.

"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 read. In response to the backlash, Bethesda's senior vice president of marketing and communications, Peter Hines, offered up some clarification on the matter, including Bethesda's stance on used game sales. Speaking to Polygon, Hupp said, "I understand the legal arguments Bethesda are relying on, and accept that they have some legitimate interest in determining how their products are sold at retail". While the seller claims he was within his rights to sell his copy of the game, Bethesda took issue with the way he had it listed.

"He's not trying to sell a secondhand game, he's trying to sell a new game", he told Eurogamer. "That's it, that's the end of the argument".

We do not allow non-authorized resellers to represent what they sell as "new" because we can't verify that the game hasn't been opened and repackaged.

"[Ryan Hupp] specifically, was trying to list [The Evil Within 2] as a new product as if he was GameStop or Best Buy".

The Evil Within 2 is the much anticipated and well-received sequel to The Evil Within, a survival horror game made by the same developer and director as the critically acclaimed Resident Evil series.

Other reports by Click Lancashire

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