The company also accused Hupp of "false advertising" that the game was new. He had already complied with the request when he had answered Bethesda's lawyers.
Bethesda declined to comment, and his law firm did not respond to requests. From a first glance, however, his claims seem to be shaky. If only the omission of the original guarantee was sufficient to violate the First Sale Doctrine Polygon virtually any second-hand game sales could be considered illegal. The unopened status obviously played a role in Bethesda's decision to trade, but that did not make his resale illegal.
It's not surprising why Bethesda could do something. Although selling physical games is not as strong as it used to, there is still concern that thieves could sell stolen copies. However, this is not the case here ̵