As explained here, Bethesda's law firm Vorys recently sent a letter to a Ryan Hupp in which he told him his listing of a sealed copy of The Evil Within 2 on the Amazon Marketplace was "illegal" and he needed to remove it will be prosecuted.
Eurogamer then contacted Pete Hines, Bethesda's senior vice president of global marketing and communications and marketing, at QuakeCon for more information.
Hines explained that the problem was not that Hupp sold his play second-hand, but specifically that he called it "new." "All we say is, if it's a previous product, you have to sell it as a previous product," he told Eurogamer.
"You could have opened it," he went on to explain, "played it for five hours, taken whatever was stakes or stuff there, put it back in shrink wrap and said, 'Hey, that's new. "It's not new ̵
Hines went to great lengths to explain that she was not trying to sell to block used games as long as they are referred to as "used" in the listing. "If you want to sell your copy of the game, it's" needed. "You can not say it's new because I have no way to verify it, and in the end, that person is our customer we need to deal with and if there are things that are missing or things that have happened, we are the ones who need to do it right. "
Thank you, Eurogamer.