Article

Bethesda’s legal firm Vorys sent Hupp a letter, which he forwarded to Polygon, warning that the game must be taken down and threatening legal action for non-compliance. In its letter, Vorys made the argument that Hupp’s sale was not “by an authorized reseller,” and was therefore “unlawful.

Bethesda’s letter claims that Hupp’s sale is not protected by the First Sale Doctrine, because he is not selling the game in its original form, which would include a warranty. The letter says this lack of warranty renders the game “materially different from genuine products” that are sold through official channels.

I guess their sales projections of Fallout 76 haven't been doing so well. Need to find other avenues for revenue.

6 years ago

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Loosers. Worst kind, also.

6 years ago
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Wasn't planning to get their games anyway.

6 years ago
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I certainly hope this reaches court and bites them in the ass.

6 years ago
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6 years ago
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I don't mean to defend Bethesda, just contribute to the discussion: in this article, they point out that the problem they see is that the game was being sold as new.

6 years ago
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""You could have opened it up, played it for five hours, taken whatever inserts or stuff was in there, put it back in shrink wrap and said, 'Hey this is new.' It's not new - you owned it, you bought it, so just list it as a used title. That's it, that's the end of the argument."

Isn't that something the buyer is supposed to check and potentially sue for it, not the devs. A lawsuit for picking a wrong category also doesn't sound like anything a good company would do. It's not like anyone blames Sony if someone rips them off with just an empty PS4 box on eBay, why would it be Bethesda's responsibility either.

6 years ago
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Yeah, that makes sense. New or used is a matter between the buyer and the seller, not the producer of the product. Especially when the seller is a private individual who clearly has no connection to the producer.

6 years ago
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Well, the game WAS new. It was sealed (and yes, from the photo you can clearly see the PS4 strip on the wrap) and the seller was providing the receipt.

6 years ago
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I tend to agree with you. Apparently Bethesda's position is that only an authorized reseller can guarantee the "newness" of their products.

6 years ago
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Anyway, regardless of the official stance i don't think that they are gonna gain something by attacking and potentially ruining some random guy's life with a lawsuit. If anything, this will result in bad PR regardless of who's gonna win the lawsuit or if it gets thrown out in court.
We're not talking about a professional seller or a store altogether, we're talking about 12 fucking dollars.

6 years ago*
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its unfortunate that stores like GAME, have practically disappeared in portugal.
Because i could tell a few that did sell the ocasional "new" game themselves

6 years ago
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6 years ago
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Publishers have wanted for years to stop the resale of their games, which they've pushed by various means such as single use codes. Now that digital downloads are the norm, they've got what they wanted. Bethesda is no exception, and despite putting out some great (albeit buggy) games, they've shown themselves to favor profit over their customers time and time again. From horse armor, suing indie devs, paid mods, and now this... unless some of the gaming community's outrage turns into lost sales, I can't see their behavior getting any better.

6 years ago
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Problem is, its amazon, and amazon already has a return policy for things that do not work or are not as described as what you paid for when you bought it. Bethesda should blow off. Not only that, Xbox used to and im sure still does have some holographic crap thing built into their plastic wrapper jazz..probably the same for ps4 and whatever..

I'm not buying Fallout 76, not because of this but because It's an mmo and only sold by them. It's THEIR FAULT that I got sucked into steam, because skyrim made me do it...and now they wanna pull this. To hell with them. I only ever bought Fallout New Vegas (and was lucky to win a copy of Fallout 4 through a group of my friends) because people I know told me I so have to check it out cause I was mister elder scrolls from back in the day with morrowind and so on..

Single handedly, because of skyrim, I now own nearly 1500 games on steam...purchases of my own, bundles, steamgifts, whatever. It"s your fault, bethesda..and you're just bogus.

6 years ago
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Honestly, I've been saying the same thing for like 10, 15? years....

SPEAK WITH YOUR WALLET. They only understand $.

I will NOT be buying FAllout 76 or Doom Eternal.

6 years ago
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