Polygon was contacted by an Amazon marketplace vendor who remained speechless after Bethesda gave him a legal notice when he received his copy of The Evil Within 2 for sale. 1
Vorys argues that Hupp sold his unpackaged copy of the game a "new" item that can be considered "false advertising" because he is not provided with a guarantee contained in new games. Hupp responded, but pointed out in his reply to Vorys that he is protected by the First Sale Doctrine, which allows customers to resell copyrighted products as long as they are not materially altered. Vorys claims, however, that Hupp's list is not protected by the First Sale Doctrine, as the lack of warranty makes the game "materially different from genuine products" that are officially sold. The legal notice also described the sale as "unlawful" because Hupp is not an "authorized reseller".
It should be noted that retailers such as GameStop have a limited warranty on pre-sold games and oblige customers to unpack new games Polygon points out that Bethesda's move may affect people trying to sell their games online. The company declined Polygon's request for comment.
Hupp said that although he understands Bethesda's legal stance, he is threatening customers with lawsuits for selling what they own, a "massive override".
Although Polygon only mentions Bethesda in its article, we wonder whether the move was headed by its parent ZeniMax, which has a fairly active legal department if its story is a hint.
What do our readers think about it?