Bethesda Softworks Blocks Resale of an Un-Opened Copy of The Evil Within 2

It’s come out that Bethesda Softworks has blocked an un-opened, resale copy of The Evil Within 2 on Amazon’s Marketplace, in a legal move that could have industry-wide implications for the sale of used games.

Seller Ryan Hupp contacted Polygon explaining that he’d been sent threatening letter by Bethesda’s legal firm Vorys to remove his listing for The Evil Within 2- a game which Hupp says he never even opened. The letter from Vorys argued that Hupp’s attempt to sell the game was not covered under the First Sale Doctrine and was “unlawful” because he was not selling the game in its original form (despite the seal having never been broken), as it does not include a warranty.

Vorys then goes on to say it’s the absence of warranty that makes the game “materially different from genuine products”.

Selling used games, both online and in stores is a large aspect of the games industry, and a huge portion of profit for retailers like Gamestop, which even offer rewards for people who come in the store and sell or buy used games. Bethesda Softworks taking forceful legal action against this is not just a massive overreach, but it could have something of a domino affect on the sale of used games across the industry.

While this is just one instance, please note that many used copies of The Evil Within 2 are still available on Amazon’s Marketplace, as are other copies of Bethesda’s titles.