I don't buy that this guy was selling a "new" game. He tells the article writers that his game was "never unwrapped" in the third paragraph of this article, but the next paragraph of the article states that Bethesda took issue with him selling the "unwrapped" game defined as "new". And then the next paragraph after that has the guy attempting to fall on the First Sale Doctrine...which applies to second hand items.
The reporting here is terrible and all I smell is bullshit. Reading between the lines I read the guy had his used game, took a picture of the unwrapped game and listed it on Amazon with the description that it was a new game. Bethesda found it and called him out for the false advertising. Instead of dealing with it he cried to the internet. He could have just edited his Amazon listing and changed it to "used", but making a stink online is the name of the game nowadays.
What Polygon should have done is pressed this guy a bit more regarding the condition of the game and how it were listed. They should have requested a picture, or tried to obtain a cached copy of the Amazon sale page before it was removed.
Gamestop has Bethesda's reponse here:
It makes sense. Someone who is not an authorized reseller should not be able to advertise the product as "new" on Amazon. Why? Well, Amazon always points the customer to the manufacturer for warranty if a problem occurs outside of the return period when it is marked as new. When marked as "pre-owned", the warranty link on the page refers you to contact the Amazon seller. They cannot verify that what he sold as "new" was really new. It could have passed through a few hands, been resealed, etc. They can only verify their new games as "new" when they themselves are providing them to the seller (ie: Amazon directly, Gamestop, etc).
Edited by eightbit, Sun Aug 12, 2018 7:19 PM.