Bethesda's Pete Hines has come out in defense of the firm's law firm, which came under fire last week for sending a pending legal notice to a client. In case you do not follow the news, Philadelphia-based Ryan Hupp attempts to sell his unopened copy of The Evil Within 2 on Amazon's marketplace when he was asked by Bethesda's law firm Vorys that [1
He is not trying to sell a used game but is trying to sell a new game. He listed the product as if it were new. All we're saying is, if it's a previous product, you have to sell it as a previous product – you can not portray it as new because we have no way of verifying what you're really selling.  You could have opened it, played for five hours, fed everything in it, put it back in Shrink Wrap and said, "Hey, that's new." It's not new – you own it, you bought it, so just list it as a used title. That's it, that's the end of the argument.
We try not to stop anyone from selling used games. People are constantly selling used games – we understand that we are not trying to stop it.
What Hines did not explain was why Vorys decided to threaten Hupp instead of simply asking him to change the list.
"If you do not remove all Bethesda products from your storefront, immediately sell all Bethesda products, and identify all sources of Bethesda products that you sell, we intend to file a lawsuit against you," Vorys states. # 39; letter to Hupp. The customer was also notified that Bethesda "seeks to release profits, claims for damages, attorney's fees, and investigative and other costs".