Rich at GameSpew: I can understand Bethesda working to protect its customers, but perhaps it ought to investigate the practices of its authorised resellers.
Another problem that won't exist in the digital future.
The problem is the digital future. And validating Bethesda's anti consumer practices with an even more anti consumer practice is so dumb.
Yes because games will be $60 for years after with absolutely zero discounts, and even when there are discounts I can drive to a local GameStop or big box store and get it way cheaper. An all digital future is a future for gaming I will not participate in as well as plenty others.
That’s fine, don’t let the door hit you on the way out, new gamers are created daily.
I mean theoretically couldn't they just say this was an unplayed used copy in excellent condition and sell it for $58 and be good? It's still up to the consumer to choose to purchase anything from anyone.
Probably, although I'm not sure there is a clear definition of "new," but I know I've bought and sold sealed items labeled as new on Amazon. Hell, if Gamestop can sell opened, unsealed games with price tags glued to the game case as "new," then we should be fine to do the same with actual new games.
Well...when you sell on Ebay, the term "New" refers to something that is unopened. It doesn't refer to something that was brought from a retailer. Ebay doesn't give one iota how the product was sourced...outside of it being sourced illegally, and the only time they go after a seller of something new is for products that actually do require the seller to be an authorized dealer.....like Bose or Coach. I really don't think a new "New" moniker is needed for selling on ebay. For the end customer, they understand the concept of new, and warranty service on games applies to the person who first agrees to the TOS of the game....which will be the first person that opens it and plays it....based on all publishers own TOS guidelines. It has nothing to do with first date of sale, as the warranty service itself can't be done until you actually agree to the TOS. Also, retailers don't offer warranty service. i'm not required to, despite being a game reseller with an actual business. I never agreed to offer warranty service for these companies. I also never signed anything stipulating that I was somehow special and an authorized retailer for any software publisher, and anything like that I signed was purely for hardware. If I do a return on a new game, then I send it back to the distributor, I don't send out a new game on behalf of Bethesda or other publishers, with them issuing me a credit for that service. I actually researched how I could offer warranty service for Bethesda using my business license. I couldn't find anything on their website, and my distributor didn't know either. They said, "if you have a damaged product, send it back, and we'll issue you credit". At that point, they'd deal with the publisher. In short, it doesn't matter how this guy sourced his games. To my knowledge, no one is required to be an authorized reseller of the software itself.
I've bought titles from OFFICIAL resellers like Best Buy & Gamestop, and received loose discs, and titles with little broken pieces of plastic that scratched the entire disc up. There was NO return unless I bought it with some kind of insurance policy. How is this so...I thought these games were BRAND NEW from an official reseller?? Isn't this what Bethesda is CLAIMING they are trying to prevent from happening by only buying from an official reseller?? At AMAZON..I can buy a title that is listed as NEW from ANYONE, and if it is NOT NEW...I can return it for a replacement or a refund. This has ALWAYS been the policy...sounds like Bethesda is a bunch of petty H8rs.
That's the thing. Resellers, like those big companies, or even me since I sell games through an actual business, with an actual distributor source which requires business licenses and NDA's to be signed and all that, aren't required to offer warranty service. No retailer actually is, although many may do returns for the customer to keep their customers happy. Those retailers, or me, aren't offering warranty service. Warranty service is a repair or replacement by the manufacturer, not the retailer. When you go to Lowes and buy a $2000 fridge, and it breaks after three months, you don't call Lowe's and expect them to fix it. Well....some people do. But what happens is they tell you to call the manufacturer, which you do, and they handle the warranty service. Games are no different. I'd guess finding out how to do this through the manufacturer isn't all that clear cut, because I went looking and couldn't find it. Anyhow, on Ebay, they have it now where people can return anything for any reason, even if it was new, and they opened it and don't return it in original condition. They care more about their buyers being happy, despite new games sales having almost no profit margin on their site because they take such a hefty cut.
You can sell different places on the internet, and EVERY place you sell games thru..You NEED to ABIDE by THEIR policies...no way around...that's the way it's always been on Amazon. If a game ISNT new that is listed as such, it is RETURNED. If a seller sends out a order for a title knowing the disc is loose inside and lists as NEW, he/she is committing a fraudulent act. Buying a defective video game title that needs to be returned immediately and a $2000 fridge that breaks down in three months are COMPLETELY different situations. Like you stated finding out how to return a game through the manufacturer isn't all that clear cut, but I bet you can easily find the procedural way to return a $2000 fridge from Lowes. If you are taking money for a product where you are using a third party outlet for sale,...You MUST ABIDE by their rules & regulations. Otherwise, you normally must abide by the laws of the state in which your business has it's entity.
Warranty service is warranty service. It was Bethesda who used that as the crux of their argument on why they took action against the man in question. The only reason that it would matter if the seller is culpable for it being new in terms of warranty service is if they are responsible for initiating warranty service on behalf of the manufactuerer. These are typical retail rules that apply to every product, fridge or game alike. But here's the kicker. The TOS for games that I found say the warranty service is for a set time after the person agrees to the TOS. That can't be done until the game is open, and possibly played. The person selling a sealed game can not claim warranty service.....hence, Bethesda's argument is already flawed. Amazon and Ebay only require a product be sealed in its original condition to be considered new. It doesn't matter if it was sourced through a distributor not. One doesn't have to be an "official" reseller, or even a legitimate business, and being either gives no benefit to the seller other than maybe some people feeling good about buying from a legitimate business. And I'm not talking about selling returns. Any return I get is going back to the distributor if its a new product. That's the contract I have with my distributor. I consider it a faulty product. What they do with it after that is not my concern. This guy wasn't selling a return, he was selling something he brought. His source was a retailer, but to the end consumer who would have brought that game, it is considered new. In any case, this person was abiding by Ebay's rules for what's considered new. Every sealed game is sold as new. Go check it out. I've sold thousands of games in this manner, many of which I brought from a retailer, or even 2nd hand from some random person. Bethesda really has no control over how these 3rd parties decide to allow for classifications of this sort.
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