Bethesda threatens a guy selling his own game on Amazon with legal action

bjornk · August 12, 2018

Quote

You can legally resell your personal games in the US under the First Sale Doctrine, which allows resales of copyrighted media like discs so long as you don't modify them in any substantial way. However, Bethesda doesn't think that applies if the shrink wrap is still present -- the publisher recently threatened to sue gamer Ryan Hupp for listing an unopened PS4 copy of The Evil Within 2 on Amazon Marketplace when he realized he didn't need that version of the game. As Hupp explained to Polygon, Bethesda's law firm viewed the listing as "unlawful" because he was not only unauthorized to resell new copies, but had rendered the game "materially different" by not including the original warranty.

https://www.engadget.com/2018/08/11/bethesda-threatens-lawsuit-over-sale-of-secondhand-game/

https://www.pcgamer.com/bethesda-blocks-resale-of-second-hand-still-sealed-the-evil-within-2-copy/

As always, good job Bethesda!

Spoiler

and Hines pathetically defends this as usual...

https://www.eurogamer.net/articles/2018-08-11-pete-hines-defends-bethesdas-legal-threat-on-amazon-marketplace-game-seller

Edited August 12, 2018 by bjornk

endgameaddiction · August 12, 2018

Ditigal games was one of the worst things to ever haven in the game industry.

But I'm glad Bethesda is doing this. More people will pirate their games. And these companies will never get it. Most of the time it's not even being cheap, it's a form of revenge to these shady companies. So great move BSW. Attack one guy and it will be more than just one guy pirating your stuff from here on out.

Edited August 12, 2018 by endgameaddiction

bjornk · August 12, 2018

Like most other games today, their games aren't even worth pirating.

Doublezero · August 12, 2018

Yeah, I read an article about this earlier. Does Bethesda ever get tired of looking like the bad guy? At some point their reputation will be worse than EA's.

ritualclarity · August 12, 2018

Hey, technically if he never opened it and didn't want it... He never agreed to the eula... then they have to buy it back, right? LOL

At least in some parts of the world...

Also, WTF... why sue.. just contact the person and tell him he can't do this... then tell him they will buy the game back. Why do they need to be a hard ass?

Also what sort of damages will they get for his attempting to sell the game if any.... Seriously? It is barely worth the time of a small claims court. Seriously... just offer to buy it back.

it isn't like he was selling the game after using it. It was NEW. LOL. he could break the seal and sell it like that (used open etc) and not have the troubles he is having now...

endgameaddiction · August 12, 2018

Just wait till bethesda decides to put up a fight against patreon against all these modders putting their work behind paywall that actually uses Bethesda assets.

If something so trivial as this guy trying to sell his unopened copy of a game is making Bethesda run him over with threats, just watch. I can't wait to see that day.

Kendo 2 · August 12, 2018

This is the path Bethesda needs to be on. The more they marginalize customers the sooner people will turn on them. When I say 'people' I mean regular human beings, not the low T beta drones that infest sites like Nexus and LL. The clueless cult of Godd Howard is strong.

But given Bethesda's litigious history is anyone really surprised?