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Gamestop sued over misleading used game sales

Gamestop makes a massive portion of its profit from used game sales, totalling to be more than 20% of its yearly revenue. If its customers begin to doubt the authenticity of its used game market, those numbers could drop immensely. With this latest lawsuit, Gamestop could take a huge hit, and they know it.

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ConnorSmith3157d ago

Image fixed, Thanks for letting me know Valdess

sumo3113157d ago

I highly doubt this will hurt them.

Gamestop ALWAYS prevails. Just look at how dedicated their employees are!

ConnorSmith3157d ago

Ehhh.... You could be right. You never know, I hope you're being sarcastic about the employeees though....

sumo3113157d ago

Of course I couldd be right, and of course I was being sarcastic lol! How couldn't I have been? Hehe

poindat3157d ago

I hate Gamestop as much as the next guy... but this lawsuit is just silly.

What does he expect them to do, modify the boxart for every single used game that advertises DLC? It's HIS fault for not doing the proper research before purchasing the game, nothing more to be said about it.

Stupid consumers don't deserve these sorts of "rights" that they think are automatically granted to them; and trust me, this guy is a prime example of a stupid consumer.

Griffmo3157d ago

Yeah this guy is obviously not too bright, but I am sure the employee should have at least mentioned something right? Or at least they need to be trained to in this issue.
Gamestop duped me once. I went to buy a new copy of peggle on DS and the store had ONE copy. The one copy I got was grabbed behind the desk by the associate, put into the empty case, and he proceeded to put a sticker over the box opening and sold it to me as new. Not worth crying about but still...jerk.

jjohan353157d ago

Gamestop's business in the used market will not be affected. The problem for gamers is that they don't know what else to do with their games once they've thoroughly finished them. So they end up trading in 4 of their old games just to get a new game. This is unfortunate because Gamestop sells used games for pretty high prices but you get next to nothing when you trade them in.

presto7173157d ago

What type of bullsh*t is that?? You're lucky if you can sell your game to them for up to twenty bucks.

I just don't like gamestop.

ChrisW3157d ago (Edited 3157d ago )

The only ones that are getting hurt are the game devs and publishers.

Collins is an idiot! If he cared ONE little bit about his game console, he would have bought the game new. Buying (especially recently released) used games NEVER supports the success of your console!

Be this a lesson to everyone!!!

ElementX3157d ago

Sure everybody says Gamestop sucks but their magazine, Game Informer, is often said to be the best.

3157d ago
smittyjerkins3157d ago

My problem with used games at GameStop is that the employees try to shove used games down my throat. I swear last time I tried to buy a new game from there, I spent five minutes more than I wanted to, just telling them that I did not want to buy the game used.

ForROME3157d ago

Doesnt matter Gamestop is a short lived business the more we go digital the more they fade, overtime they will be a joke, go to BestBuy or Target buy from stores who get a game and stock a game, not ones who offer their bias opinion and shrink wrap used games as NEW

Fat Bastard3157d ago (Edited 3157d ago )

I know the remedy, and it's called goozex.com. Best thing that ever happened to me. Unfortunately, not much of the gamestopers know that a brilliant site exists where you get full credit for selling a used game...

HolyOrangeCows3157d ago

I saw this one coming. Box arts promising content not included, lawsuits for lack of warning.

jadenkorri3157d ago

the dlc was part of the original sale, its his dumb fault, not that i want to defend EB, i refuse to ever go there, i would rather wait than support those morons. Anyways I work for a wireless company as tech support, you wouldn't imagine the amount of people who call in and say there blackberry/iphone or whatever device has cosmetic damage out of box, yet their calling a month or two after-wards. I love telling them pretty much their an idiot very nicely and tell them that nothing we can do, you should have brought it back right away as we would have gave you a new one. We can't even send away for repair unless theirs something wrong with the device that's covered under the warranty.

Eddie201013157d ago

I'm pretty sure that games that offer free DLC make it clear on the back of the box that it is only for the original purchase of the game. So this lawsuit will go nowhere.

Don't care for the used games sales thing because you pretty much get taken advantage all the way around, they give way less than you payed for them new and charge only five dollars less than the new price for the used copy.

Buy it new and you don't have to wary about losing out on free content, there is only five dollars difference between new and used copies anyway.

IdleLeeSiuLung3157d ago

I don't like GameStop, but realistically they have to buy your games on the cheap and sell them at a good profit margin to make up for games that don't sell or loose value fast.

They have all these costs such as employees and retail space. I used to think it was unfair, but if you look at other outfits that compete with them for the most part they are about the same taken into account that they are practically online outfits only (such as Toys R'us and Amazon).

What does that tell you? I'm not supporter of GameStop, but it's easy to complain about a company when all you see is business profit and not the losses, cost and risk.... and yes, I'm aware of how much profit GameStop makes in their annual/quarterly reports.

With that said, GameStop can just put a sticker on the cover saying DLC that is included in the game originally might or might not be included in a used product.

Montrealien3157d ago (Edited 3157d ago )

This quote is a little missleading..

(Gamestop makes a massive portion of its profit from used game sales, totalling to be more than 20% of its yearly revenue.)

its 20% of the revenue, but its also 80% of the profit, think about it, 20% of your sales represent 80% of you income.

People have to understand that this business, the one of selling videogames, has a very low profit margin, we are talking 8% on new games, 1-2% on consoles and roughly around 20% on accesories. If we want stores that specialize in games that are not under the umnbrella of other departments in stores like Future Shop or Best buy or Wall mart, we need used games sales if we want to servive and make money. I don`t like gamestop, I don`t like how they manage their business, but there are good videogame specialty stores that are good, it`s in our interest as gamers to have these kinds of stores.

/on topic

The guy that is suing is an idiot for thinking that a used game had new game content. The only thing he will win with this stupid lawsuit is a new game and Gamestop will promoss to make sure that the used games that display new extra content aimed at the new games be removed from the used box.

FragGen3157d ago

Don't worry this Day 1 DLC bullshit will pan out just the way every other form of DRM has, lawsuit or no lawsuit: the legit customers will be taking it straight up the ass one way or another.

bacon133157d ago

I really hope Gamestop goes under. With the internet being as awesome as it is, there is no need to go to Gameshlok and banter with the turds behind the counter about unnecessary pre-orders, warranties and accessories. I think they only exist for guys like me who need to get away from their girlfriends while they shop in the mall.

Tony P3157d ago

Should have just read the back of the box imo. Tells you right in the meagre fine print.

darthv723157d ago

I could find nowhere what game it was for. Not only that but unless GS started making games then this would be an issue between the consumer and the publisher.

I tend to avoid used games that have codes for DLC because most likely they have been used already. That is why I passed up the GoW collection used for $20 in favor of the new for $25. I wanted that voucher for GoW3 demo. Blast....if I had waited I could have gotten the same demo free on PSN later on. Oh well...my bad.

I have some of the rock band games that let you import the full track packs into the real game via dlc. I chose new obviously because of the same issue as with GoW. The chances of getting a used AC/DC track pack without the voucher code already redeemed is hard to believe.

As for this guy, it wouldnt be GS fault for this unless they knowingly knew the DLC was no longer free at the time the customer bought the game. Some titles have free dlc for a limited time. You just need to read the box more carefully.

iceman28853157d ago

We won't know because it doesn't tell what game it is, but the way I was reading the article was that he grabbed the box to a game saying it had this content included (i.e. collector's additions released about a year after that include all of the dlc), only the guy behind the desk gave the buyer the original version of the game which does not include the dlc provided on the collectors edition. Thus he would have to pay extra for the dlc which was included in the box of the game that he originally presented to the cashier.

This is entirely possible because Gamestop as we know doesn't keep the discs in the boxes and pull the game out of a drawer full of used games that is only organized by the title of the game. And if the collectors edition and original edition don't have any large differences it's easy for them to place the wrong game in the box and sell it to you.

SaiyanFury3157d ago (Edited 3157d ago )

Well I see a lot of people demonising GameStop and in some cases their employees. Well no doubt their employees are, by and large, morons no dispute there. However, it's easy to complain about GameStop and it's policies. That said, common sense easily overcomes any BS policy they try to shovel you. I already know that when they've only got one copy left of a new game, they'll try to give you the copy with the open box then try to sell it to you as new. In the reverse position, if you buy a new game, open the case, then try to sell it back to them unplayed, they'll only take it back used. In the case they try sell you an open case game, just don't buy it. I've repeatedly refused to buy an open case game from my local GameStop, and they are surprised every time I do it. Also, while their 55 dollar used game prices may be BS, games sold back to them used, are their games legally, and they can sell them at whatever price they want. Is it a huge profit? Yes. But remember, it's also business. For that price, I'd rather dish out the extra 5 beans for a new copy. Common sense wins every time, and if you don't have any common sense then that's your own fault. :)

+ Show (20) more repliesLast reply 3157d ago
Joule3157d ago

I hope they fail, they are biased and cheap.

BasilMarceaux3157d ago

I'm not gonna defend Gamestop here. But I mean.... just do a little research before you buy something yknow?

Every company is guilty of taking advantage of people who dont think before they buy. If gamestop can get some idiot to buy a used game for $55 when bestbuy is selling it brand new for $50, who's fault is that?

Im no big fan of gamestop but this is a pretty flimsy case. This moron will be paying hundreds and legal fees over $15 he shouldve found out about on his own.

mrdxpr23157d ago

soo true ... and should be remembered its used we all know used things dont bring all the same think new games bring but i guess its just another person trying to make a dola out of 50 cents.

rexus123453157d ago

I'm 50% sure that the box says free DLC only for new copies, in fine print somewhere on the box... isn't this also the publisher's responsibility?

maawdawg3157d ago

just looked at my DA:O box here is exactly what it says on the box.

-------------------------
INCLUDES:
Downloadable
character and quest

A $15 VALUE
One time use code available with full retail purchase.
Expires April 30, 2010
-------------------------
It isn't Gamestop's fault this guy didn't read the fine print on a product he purchased. I don't shot at Gamestop due to some of their shady practices but this guy is suing them to make up for the fact that he didn't do his own proper research on a product he was purchasing. Would it have been nice for someone there to say it isn't included? Sure. Are they legally responsible to do so? Hardly.

iceman28853157d ago

You guys might be going overboard on calling the guy an idiot.

We won't know because it doesn't tell what game it is, but the way I was reading the article was that he grabbed the box to a game saying it had this content included (i.e. a collector's additions released about a year after that includes all of the dlc), only the guy behind the desk gave the buyer the original version of the game which does not include the dlc provided on the collectors edition. Thus he would have to pay extra for the dlc which was included in the box of the collector's edition of the game that he originally presented to the cashier.

This is entirely possible because Gamestop as we know doesn't keep the discs in the boxes and pull the game out of a drawer full of used games that is only organized by the title of the game. And if the collectors edition and original edition don't have any large differences it's easy for them to place the wrong game in the box and sell it to you.

Basically:
Collector's edition of game = $30 - includes all the dlc
Original edition of the game = $20 + $15 to buy all the dlc
Thus the buyer loses $5 and his game isn't new.

+ Show (1) more replyLast reply 3157d ago
gamer78043157d ago

This is a frivolous lawsuit and should be tossed out. When a game is used you need to check if certain online content is still available, such as servers to play the game on etc before you buy, this is not gamestop's responsibility. Sounds like someone beat the game , then 7 days later tried to return it under the guise of so-called misleading box content.