Zenimax threatens "first sale"

[Dark Jaguar]

Let me just say this right now. If "first sale", the basic notion that once I buy something, I can resell it is killed, there goes garage sales, there goes pawn shops, there goes all used car dealerships, there goes buying any house that isn’t brand new. There goes libraries. There goes the entire "reuse" part of "reduce reuse recycle". There goes everything. It’s not a slippery slope, its literally the result of destroying first sale doctrine.


Zenimax and their logic of "material transformation" is dangerous thinking here. Heck, I couldn’t even sell a modded old game console any more if that’s what "material transformation" means. I couldn’t sell acid washed jeans, or a book with foot notes written in it. No, I’m pretty sure "material transformation" was meant to specifically describe making a copy of the protected work and then selling that, you know, transforming the material it’s on.

https://www.polygon.com/2018/8/11/176612...azon-block

I don't think this will go through, by the way, but it helps to remember that THIS is what modern major publishers (which Bethesda and their parent Zenimax now are) want to do.

[A Black Falcon]

Zenimax is claiming that their only issue here is that people shouldn't be allowed to resell something while calling it "New" if they aren't a store authorized to sell new products. They think it should be called used. But if something really is unopened and is in new condition, I think calling it "new" makes plenty of sense! It's new, nobody has used it before. You're taking things down a slippery post in your post here, but it is possible things could go that way in the future I guess, so yeah, I hope Zenimax gives up on this...

But on the other hand, it is true that scummy people resealing games then selling them as new is a problem which preys on sealed-game collectors. I doubt calling them used instead of new would have any impact on that, though.

[Dark Jaguar]

Zenimax is claiming that their only issue here is that people shouldn't be allowed to resell something while calling it "New" if they aren't a store authorized to sell new products. They think it should be called used. But if something really is unopened and is in new condition, I think calling it "new" makes plenty of sense! It's new, nobody has used it before. You're taking things down a slippery post in your post here, but it is possible things could go that way in the future I guess, so yeah, I hope Zenimax gives up on this...

But on the other hand, it is true that scummy people resealing games then selling them as new is a problem which preys on sealed-game collectors. I doubt calling them used instead of new would have any impact on that, though.

There issue there is that's a job for the BBB, it's not up to Zenimax to decide such matters. There's a whole category of item quality called "new" on eBay. Plus, let's face it, this is their foot in the door. This isn't some isolated incidence where we can assume the best of intentions. This the latest in a long pattern of abuse from Zenimax, so assuming the worst of their intentions makes sense.

[A Black Falcon]

Yeah, it should be not surprise that it's Zenimax doing this, with their long history of questionable-or-worse legal actions...

[Dark Jaguar]

Here's a lawyer's thoughts on this issue.



Some slopes really are slippery.