Bethesda is one of the champions of single-player games and they’re one of the major publishers championing the creation of SP games with their marketing campaign last year “Save Player 1.”. According to a recent report, most SP games are being resold and Bethesda maybe championing legal action against people who are trying to resell their games.
According to Polygon, a Philadelphia resident purchased a copy of The Evil Within 2 which this person eventually decide to upgrade his PC instead which made The Evil Within 2 copy he brought for the PS4 he was going to buy useless and he threw it on Amazon marketplace. He posted it as “new” since the seal hadn’t been broken.
After posting the listing, he received a letter from Bethesda’s legal firm which the letter threatened him to take the listing down or face legal action. Bethesda’s legal firm stated that this person wasn’t an authorized reteller and reselling the copy of the game was unlawful. They also stated that this person posting the listing as “new” instead of “used” was false-advertising, since the resold copy no longer had the manufacturer’s warranty and could therefore not be considered new.
As Polygon pointed out in their news statement, this tends to be standard procedure for Bethesda’s legal firm who has a page on their website that states that only a single material difference from the genuine product the creator of the item sells is necessary to nullify the First Sale Doctrine protection, and that a material difference doesn’t have to be physical.
The Philadelphia resident ultimately took the listing down but isn’t very happy about it.
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In my opinion, this isn’t the right way to approach things because it sets a standard that any company could do this. If Bethesda wants to sue people for reselling games then that means any company could. This is an extreme outreach and Bethesda’s legal firm should maybe change a few things, reselling a game that you brought and don’t want anymore because you chose to upgrade your PC instead shouldn’t be a crime or you shouldn’t be threatened for legal action. What Bethesda did is bad for their business, let’s hope they don’t want to do it again with games like Wolfenstein: Youngblood and DOOM: Eternal.