GameStop Sued Over "Deceptive" Used Game Sales

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The customer himself is at fault. He should have known the person who owned the game before him was going to use those codes. Also, the back of the box clearly states one time use code only.

It is not Gamestops fault that the customer did not read the back of the box clearly. Perhaps he should have bought the game new instead of used.

Oh purrrrlease, who doesn't know that 2nd hand games won't usually have valid dlc codes...

*sigh* easy method, Email the dev via the support pages and say I bought this game from x,x shop and it's telling me when I register that "this code has already been used".
They will usually give you the content direct to your account.

They should award him the DLC and leave him with his legal fees.

Jury Foreman, have you reached a verdict?
We have your honor.
How do you find?
We find the defendant, Gamestop Inc., to be not guilty, but a shit choice for buying your games. Further, we find the plaintiff criminally stupid and hereby recommend he be sentenced to mandatory castration as well as remedial reading classes.

He's got no chance. The box fucking says it. It's his fault for not reading fine print.

this is gamestop responsibility. EA isnt selling the game used, they have no control over the pricess, its 100% gamestop to inform people what is and is not in the games.

Stupid person can't read and now has to sue so he doesn't have to admit his stupidity and dumbassery. Oh how i love what this country is coming true.

is it not dead obvious the used copy would have had the one time use code already redeemed?

The asterisk has screwed him, he has no chance.

squid5580:
It wasn't unforseen. That is why they put in the *. Shouldn't the lawsuit be directed at EA though? It wasn't GS who packaged it. The end result would be the same sure but he might have a chance at some free swag. If EA wasn't bitter about him buying used.

It is stupidity like this that gives "gamers" a bad name.

No, it was gamestop who failed to note that used games wouldn't be able to use the DLC code, the first buyer would be able to.

James Cassidy:

I also think it is bullshit that gamespot buys games from you saying "Oh we will give you $5 for it" only to turn around and sell it for $40 more.

It's much like the ComicBookGuy in Simpsons who wants to buy the first edition Superman comic issue #1 for a few dollars from unknowing parents cleaning their children's rooms... but worse. haha

xDHxD148L0:
Even though I don't think his lawsuit is as just as that guy makes it out to be, but still at least people are letting game stop know that what they do is bull. Because even though it was ultimately his fault for not "reading the box", Game stop tricks people all the time into buying used games.

How does it hurt you to buy a used game? If it doesn't work you take it back, if you don't LIKE it you can take it back within 7 days for all of your money back. Do that with a new game and they will give you trade in value. New game sucks, you're stuck with it: used game sucks, you go get another game. This whole thing is a money grab by someone who thinks that he will get money because he is too lazy or stupid to read a box.

Can you say... "massive failure"?

Seriously, I know about 90% of the the people in GameStop infested countries hate that place (and many STILL go there because they don't have many other options -.-" ), but suing them because you weren't smart enough to buy it new for five more dollars? Especially if you specifically want the DLC? That's just stupid, especially since most people who buy it would use the DLC codes as soon as they can get online to redeem them, and that means they can't be used again -.-" This kid is just stupid. Plain and simple, stupid.

EDIT: I just want to make it clear that I don't hate used games. I think it's a great way to recycle games that someone doesn't want anymore; hell, most of my library is made up of used games, and some of them are worth more than some modern systems! But I just wanted to state that buying a game that's fairly new (if not BRAND new) to the market used is a bad idea. If it came with the code slips inside (as most do, for authentication purposes), then doubly shame on him for the reasons in the last paragraph. Did he thing someone was just going to let it pass and not use said codes? And if it didn't... then what the hell is he complaining about? No codes = no free DLC. Simple as that.

Booze Zombie:
I don't think he's goona make any money, at all.

He should of said they were racist.

Project Ten Dollar is "hopefully successful"? Why? Who does this benefit? EA gets more revenue and customers get stuck with not being able to resell their old games or buy used ones. EA can talk about their rights all they want, but customers won't pay $60 for next year's sports game if they can't trade it in for $20 off of next year's game.

I don't know where companies, or the game industry, get off thinking that they can circumvent the first-sale doctrine, but it's there to keep things balanced between producers and consumers. Selling things first-hand-only isn't their right and buying used isn't stealing. The law allows for it for a reason and their underhanded one-time-use shit is undermining the law.

psrdirector:
this is gamestop responsibility. EA isnt selling the game used, they have no control over the pricess, its 100% gamestop to inform people what is and is not in the games.

The case DOES warn people. HE WAS WARNED.

ReverseEngineered:
Project Ten Dollar is "hopefully successful"? Why? Who does this benefit? EA gets more revenue and customers get stuck with not being able to resell their old games or buy used ones. EA can talk about their rights all they want, but customers won't pay $60 for next year's sports game if they can't trade it in for $20 off of next year's game.

I don't know where companies, or the game industry, get off thinking that they can circumvent the first-sale doctrine, but it's there to keep things balanced between producers and consumers. Selling things first-hand-only isn't their right and buying used isn't stealing. The law allows for it for a reason and their underhanded one-time-use shit is undermining the law.

They aren't breaking the law, they are giving bonuses to those who buy new. It's the same as "Pre-Order and Get _____". The law has been followed, they are just giving loyal customers something extra. It's scary when people are arguing against being given stuff for being a loyal customer.

one thing abotu PC gameing, you get ripped very easily

Anyone who buys used things that comes with DLC thinking the original person didn't take the DLC and run, is a certified idiot. No seriously, there should be a certificate to identify this particular brand of idiot.

Dude: Should get 15$ for the dlc.
GameStop: Should be less sneeky.
Bioware: Should make DLC that comes out at/near the same time as the game free. Stop making jump through hoops just to play the games I just PAYED for.

This also kinda proves Gacmestop was full of it when they said they would be forced to cut all used game prices from ea in oder to cover the DLC :P they probly still cut how much they give people just because.

The guy an idiot, but at the very least you'd think they'd stick a label on the box saying it doesn't contain the DLC (unless it hasn't been used of course).

SpaceSpork:
Both parties are idiots. Gamestop is a stupid company. However, the guy is also stupid.

I can't decide!

I'd go with GameStop being more stupid simply because they can afford a whole department of people to stop them being stupid.

It has been said a thousand times in this thread. He's an idiot for suing. Plain and simple, because he has no case. GameStop is corrupt, because they buy next to new games for less then a fourth of what they are worth, then sell them at less then 95% of what they would be worth new. Answer? Don't buy used, and definitely DON'T buy from GameStop.

Not to make it too personal but every single one of the used games I bought from them turned out damaged or simply unplayable.

psrdirector:
this is gamestop responsibility. EA isnt selling the game used, they have no control over the pricess, its 100% gamestop to inform people what is and is not in the games.

Exactly right. EA covers their ass from being sued. But gamestop have not made a disclaimer of their own.

To think that all this could have been avoided if GS had just taken back the game and let him get a new copy for $5 more, it's a shame, huh

How come it's these people who get all the public press and not the people who help promote the good of gamers and gaming as a culture? Like yahtzee, if anyone promotes good gamer culture and expands the game area as a culture it's him...how come we haven't got to see him on the weekly news for doing something special?

Wait, I'm in America, that's why...sometimes I wish America WASN'T so stupid...

Collins will lose the lawsuit due to that asterisk.

It's fucking that simple. This isn't even news, it's going to get thrown out of court because the company that released DA:O covered THEIR ass and in turn covered for Gamestop. Unless gamestop had a sign that said, "All used games will have their DLC even though it says clearly on the box that it doesn't"

Um... to give my standard black-and-white answer, isn't the fine print there specifically so the company can point to it when sued and say "we told you so"?

If the kid's lucky, this'll be thrown out of court with no further action against him.

Machines:
I'd go with GameStop being more stupid simply because they can afford a whole department of people to stop them being stupid.

Yes, but with more people, it's easy for one of them to be stupid, therefore messing up the whole order of things. But with the guy, there's only one person that has to be smart.

EA sounds like a bunch of bitches with all this ten-dollar project, and all those anti-piracy bs.

EDIT: I just realized, the customer actually would've saved more if he had just bought the game new... by ten dollars.

That happened when I got "Ghostbusters" used an the DL code was already used.....I was annoyed, but I didnt get sue happy. Mainly since you dont NEED DLC to enjoy a freakin game.

That's just sad.

if they're only giving you a $5 discount then why the heck would you bother? besides, he can clearly afford the extra $5 if he has the resources to sue gamestop.

there nothing wrong with EA doing project ten dollar. it's their right and i have no problem with it. most games come down in price after about 3months. AC2 is like 25 right now, I bought Bayonetta for 18 and Darksiders for 15. Only 3-4 months after release. A $5 discount is a joke.

slowpoke999:

Andy Chalk:

I checked out my own copy of Dragon Age: Origins and it does specify, on the back, that it includes Shale, The Stone Prisoner and Blood Dragon Armor as DLC, but each is marked with an asterisk; reading further, the asterisk is revealed to mean, "One time use code available with full retail purchase. Expires April 30, 2010." It seems clear enough, but then again, who's got time to read and comprehend when there's five bucks on the line?

God Damn how can people be so retarded to not read the god damn games they buy but go to the trouble of taking on a massive retailer-chain?

Edit:Can Gamestop even be sued for what they did?I mean sure it's deceitful as hell, but who the heck buys a used game for $5 less then a new one?

First thing I thought. If I am gonna go to the trouble of buying used. Its usually because I cant find it new anywhere. Or if I happen to be low on cash and really really want the game. But for the sake of 5 dollar. Would be like 2.50 I mean christ. What kind of mark up are game stop putting on used games anyway??

That guy... he just failed hard.

Didn't they teach you in elementary to "Read all of the instructions first."

Why the hell would anyone buy used from game stop anyway? you can get 6AAA games from ebay +porto for the same price of a used MW2 game.

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