Bethesda Reportedly Threatened to Sue an Amazon Seller
An Amazon seller was recently threatened with legal action if he didn’t stop the sale of The Evil Within 2 wrapped. According to a report published by Polygon.
Ryan Hupp, the seller of the game, sent Polygon a letter that was sent to him from a law firm, Vorys, which stated due to the fact that he was not “an Authorized reseller” then his listing of The Evil Within 2 was “unlawful” and should be taken down immediately.
Not only this but Hupp was stating that the game was new due to still been wrapped, however, in the letter, Vorys accused Hupp of falsely advertising his copy of the game as “new”.
Hupp removed the copy of the game from Amazon to comply with Bethesda’s Demand, Hupp did have this to say on the matter though:
He told Vorys that his resale was allowed under the First Sale Doctrine, which is a U.S. law that “provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner,” according to the U.S. Department of Justice.
It didn’t take long for Vorys to counter that argument stating, that this wasn’t the case because Hupp wasn’t selling the game in “its original form” since it didn’t have a warranty, wrote Polygon. “The letter says this lack of warranty renders the game ‘materially different from genuine products’ that are sold through official channels,” noted Polygon.
Do you think this will stop other unauthorized resellers of Bethesda’s products? Could we see other game companies do the same? Let us know in the comments below.
It is also worth noting that The Evil Within 2 is still for sale on Amazon by several sellers so it is unknown who can and who can’t sell the game.
[amazon_link asins=’B0721JX2WR,B072MZGCH8′ template=’ProductCarousel’ store=’computerga0b2-21′ marketplace=’UK’ link_id=’2e8dda91-9d6b-11e8-964b-27e21cc8c252′]
In other news, Bethesda wwill say “No Thank You”to the Battle Royale clones.