Over the weekend, a brand new report revealed that Bethesda had despatched out a discover to somebody making an attempt to promote a secondhand copy of The Evil Within 2, asking them to take it off the Amazon Marketplace.
Ryan Hupp, the proprietor in query, had determined to place his copy of The Evil Within 2 on sale on Amazon’s Marketplace. The solely drawback is, as Bethesda noticed it, is that Hupp listed it as new relatively than pre-owned.
Although his PS4 copy was in reality nonetheless shrink-wrapped, Bethesda took problem with Hupp’s description of it as new, and despatched him a letter explaining that if he fails to take down the itemizing, Bethesda will take authorized motion towards him.
According to Polygon, whom Hupp had proven this letter to, he merely didn’t have use for the copy after spending cash he had saved on upgrading his PC relatively than shopping for a PS4.
Vorys, the authorized agency representing Bethesda, informed Hupp within the letter that solely authorised resellers can record their inventory as new. Despite his copy being sealed, the letter contends that calling it new on this case is “false advertising.”
“Bethesda does not and will not block the sale of pre-owned games. The issue in this case is that the seller offered a pre-owned game as ‘new’ on the Amazon Marketplace,” Bethesda stated in an announcement.
“We don’t enable non-authorised resellers to symbolize what they promote as ‘new’ as a result of we are able to’t confirm that the sport hasn’t been opened and repackaged. This is how we assist shield patrons from fraud and guarantee our prospects all the time obtain genuine new product, with all enclosed supplies and guarantee intact.
“In this case, if the sport had been listed as ‘Pre-Owned,’ this might not have been a problem,” the remainder of the assertion reads.
Hupp has since taken the itemizing offline, telling Polygon that whereas he understands “the legal arguments Bethesda are relying on” he believes that “threatening individual customers with lawsuits for selling games they own is a massive overreach.”
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