AndroidTechNews.Com – It appears that Bethesda Softworks is trying to sue the practice of used of game sales right out of existence by leaning on a legal loophole. We do not know if that is actually the case, but those are the optics, anyway, after the publisher threatened legal action against an Amazon Marketplace seller for trying to sell a still sealed, albeit second-hand copy of The Evil Within 2.
We are not a law firm, but it is hard to imagine the argument standing up in court, at least in this specific case and similar ones involving individual sellers (if in fact everything went down as Hupp claims). It hardly matters until someone has the wherewithal to defend against it though. Otherwise, the same argument could applied to virtually all used game sales, ending the practice entirely. That said, we don’t know Bethesda’s side of the story, so there could be more to this.
Our previous title incorrectly listed the game as used, when it was in fact new and sealed, but not coming from an “authorized” retailer.