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Linux Evangelist
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SOURCE

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.
Serious question, are /\ these /\ the kind of people we want deciding anything important for our future?
 

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Warranty? On what? The physical disk?
AFAIK The code doesn't need a warranty but developer support...I really have no idea what they are on about.


There is a clear difference between being a game re-seller and selling a single copy of a game you don't want. It's his copy, he can do with as he pleases IMO.
 

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this is why I won't buy the new fallout, I don't even wanna install my fallout 4 which I've yet to play
 

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this is why I won't buy the new fallout, I don't even wanna install my fallout 4 which I've yet to play
If you were fond of the "barely made it alive" feeling along with the quirky characters, you aren't missing anything. Unless they've updated it since I've played, you have to mod it out of the box to make it look right. The FOV was super zoomed in, the ADS sensitivity was hilarious and the stock filter made the game look really drab. Luckily a single mod fixes that but still, I don't want to need to mod a game just to play the game as they made it.
The power suit a had to work so hard for in NV is now just part of the story line which makes you almost invincible from the start, the NPC's dim witted AI was the only thing they kept lol.
Not a bad game but it's nothing like 3 and NV.
 

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BOINC Cruncher
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This is what really gets me.


The firm also accused Hupp of "false advertising" for saying that the game was new
Unless Bethesda is the one trying to buy his copy....I can't even finish my thought, I'm so speechless.


How he describes it in his listing is between him, amazon and the buyer. WTH Bethesda.
 

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Otherworlder
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well good luck to Bethesda in their lawsuit, the first sale doctrine is worded very broadly that it even covers their unlawful claim.
maybe Ryan can milk them for a couple of thousand dollars for making him waste his time.
 

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Performance is the bible
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Hopefully this gets enough attention that someone there wakes up and realise they look douchebags enough even without this happening, and back track really quickly.
They seriously started to become more like EA in my eyes, which is not a good thing.
 

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I am just waiting till someone tries to do that in EU and get smashed really hard with consumer protection law.
 

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I have always wanted stuff like this to happen but not like this. I want them to go after people who buy new GPUs or Phones and list them are ******ed prices so I can't buy them lol.
 

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Bethesda seems to be entering an extreme greed phase à la Ubisoft during their "always online" phase. I'm going to miss TES ...unless I can buy a used PS5 copy.
 

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Absolutely deranged. Who on earth is going to agree with them?
 

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curmudgeon
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More likely a 40 year old brand new Federal judge.
 

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Blame the shyster lawyers who purposefully miss-apply case law.
 

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I'm sorry, this doesn't make sense. This is either an error on the part of their legal team, or there are details missing from the article. it doesn't make sense for bethesda to make a claim against a person, for a sale of a single copy of a game, based on basically no legal justification.
 

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I'm sorry, this doesn't make sense. This is either an error on the part of their legal team, or there are details missing from the article. it doesn't make sense for bethesda to make a claim against a person, for a sale of a single copy of a game, based on basically no legal justification.
They later tried to explain that it was over the person using the term "new" as in still has original warranty, vs Used, as in bought before hand and does not have a warranty.

On a related side note. There has been an uptick in people buying physical media, removing the disc, and re-wrapping the box.

How it is done.



Does not give Bethesda the right to be completely stupid on this one, but you can see the problem.
 

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But it is new and games don't have warrantys...what warranty do they offer and what is it used for? Bethesda releases partially broken games all the time (they're famous for it) yet I've never heard of this warranty they speak of.
 

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I'm an IP lawyer and I have no idea what theory of liability Bethesda is trying to assert here. If the seller hasn't even opened the game yet, then he hasn't agreed to any ToS, so they can't say he's violating any ToS. This is solidly within the First Sale doctrine. I don't understand this case at all as stated in the article.
 

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Aren't this fancy!
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I guess Bethesda's legal firm is scouring the web just looking for fights then? From what the article says, this is absurd.

Seems they are implying that once someone purchases the physical media, they have been given a "warranty" whether the person opens and or uses the software, and this "warranty" must not be transferable past the original purchaser? lol
 
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