Gamestop selling open games as "new" may be illegal

[Arnwulf]

Kotaku - GameStop Sells Played Games As New, Sources Say, Practice Could Be Illegal - Legal

I thought this was interesting.

[Plow]

I thought this was duh.

[Xavier]

GameStop is nearing the end of days, anyway. They're going to be forced to adapt to a digital distribution market, or spend a lot of money preventing it from becoming standard.

[Insanecyclone]

But I like used games I don't want to pay normal price for something if the game is mediocre like Fable 2.

[Katlan]

But I like used games I don't want to pay normal price for something if the game is mediocre like Fable 2.

If 5-10$ off (used) is enough to make you purchase a game you otherwise wouldn't... Never saw it worth it personally

[Darus Grey]

If you only buy used games you may as well just torrent them, costs less and same net effect(in neither scenario is the original company benefiting).

Gamestop itself is just shady as fuck, I have two close friends who are both managers of different local gamestops(pure happenstance...), and they always tell me all the crazy shit they do, like opening games, playing it, and when finished putting it back on the shelf as "new", or dip into stock of games they know have higher ebay values, or simply never put them out so they can buy them themselves to speculate(happened a lot with SF4 TEs).

Whole company is just a cesspool. My local gamecrazy happens to be pretty nice just because the management does...none of that, and I often actually get rare games I wishlisted instead of an employee/manager scooping them up to resell on ebay as soon as they come in, never been to another one so dunno if that's common.

The used game store model needs to die though.

[Ksandra]

But I like used games I don't want to pay normal price for something if the game is mediocre like Fable 2.

isn't amazon selling used games for insanely cheap?

Also can always use gamefly.

[Odesseiron]

I worked for gamestop long ago. The open copies on the wall are called gut copies. Usually these are just put straight into a sleeve and into a drawer. Now when I worked there, nearly 10 years ago, we as employees used to take these copies home to play. It was one of our "perks" as employees. I have had to purchase a gut or two over the years there. I can say I honestly don't care. They've always been in perfect condition. I don't see the big deal.

[Jefe]

Is it me or is GS the only place that does this shit to games? Fuck that, I don't want opened copies.

[Isiolia]

Personally I don't care so much about whether the disc has been played or not. If it's in mint condition, it's in mint condition, the same as it would be as soon as I open it anyway.

At least when I worked at Software Etc way back when, if you didn't bring a checked-out item back in like-new condition, you bought it, simple as that.

The thing with opened games that gets me is the gut boxes. It's one thing to simply not have the shrink-wrap on it, but otherwise be crispy and new. It's another to have the box all stickered up and so on. Used games are nearly always like that...and these days are probably resurfaced n' all too. I probably wouldn't be as averse to buying used games if they still only took in good condition discs, and were careful to not mess up the case.
May seem picky, possibly is, but meh. I don't often get rid of games (or CDs, DVDs, etc). I like building a library, so to speak. Usually now, I'll buy mail order, or from a large retailer that isn't screwing around with the case/disc.

I'd probably shop at Gamestop more if they actually had the harder to find titles both on-hand, and not gutted...and had a stock of used games that was more focused on things that, you know, were actually out of print.

Far as online distribution...eh...I still like having the shiney plastic disc. Were some of the stuff sold online for the systems actually available in stores on media, I'd probably buy it. Except for the HD Remix of SSFIIT, I haven't bought any >.>

[Insanecyclone]

isn't amazon selling used games for insanely cheap?

Also can always use gamefly.

I avoided gamefly for now but they have a two week trial right?

[Boyiee]

I avoided gamefly for now but they have a two week trial right?

Gamefly is win. Yes there are trials but I think its 1month.

I went to blockbuster this week, 9$ for a game................. Fuck that. Gamefly is like 12-15 a month I think and I can keep it longer. I've been a member for years so I get discounts if I want to keep the game.

[BRP]

GameStop is nearing the end of days, anyway. They're going to be forced to adapt to a digital distribution market, or spend a lot of money preventing it from becoming standard.

Bullshit. This whole post.

[Tekki]

Bullshit. This whole post.

6 years at GS, and currently a manager. No this is not a BS post. Their days are numbered, yes, but it won't happen for a long long time. They will always be on the board, but I don't see them staying huge.

If they are around in 10 years, itll be b/c of the used game demand for older crap, not new stuff.

The only thing that can save them is to think outside the box and/or get in on the digital download market as it hits within the next 5 years or so. We'll see.

As for the OP. This has been going on for years at more then GS, and just as much in other retail environments for other products. This won't go anywhere, its not the only time this issue has been brought up.

Ironically enough, most GS managers I know, including myself, do NOT allow our employees to check out new games. We are allowed to, but the general consciously among us and our employees is that its unfair to the customers. Out of the 6 stores I've worked at between Indiana and Virginia I've never been in a store that checks out new games. Even my part timers think its a dumb policy.

So if something does change, itll be the wording on our check out policy, and everyone will live happily ever after....

Oh wait, no, someone will always have a problem with something at Gamestop and perpetually bash. All the while GS stays as the retail leader for some odd reason and rake in billions.

[Tyche]

moar

Law of the Game: GameStop's Employee Checkout and Deceptive Trade Practices

Kotaku recently ran a piece noting that the FTC may be interested in the 'employee check out' policy in terms of a deceptive trade practice. The article goes into some detail about the ability of GameStop employees to check out titles from the store on a temporary basis, and in the event these titles are 'new,' then they are brought back in and resold as new. It certainly poses an interesting question: is that a deception to the consumer?

Before talking about substantive law and my take on the issue, I did want to point out one particular clause in the policy, as posted by Kotaku: "If the product is returned in unsellable condition, or if anything is missing from the package, or if the product is not returned, the Associate must purchase the product at the current price less Associate discount." As I have known quite a few GameStop employees over the years, I know that this part of the policy greatly deters the checking out of new games in favor of used ones. After all, even the slightest inclination that a new game isn't 'new' will more than likely force the employee to buy the game, which many of these employees can't afford. A used game has an expected level of wear and tear, so the bar is much lower for the return to store condition.

So, back to the point at hand: is this a deceptive trade practice? There's both a legal and a pragmatic approach to the answer of this question. From a legal standpoint, ignoring any pragmatic analysis, it certainly seems that way from the letter of the law. Certainly, it's something the FTC could investigate, but more practically, it may be a matter for state deceptive trade practices law. In Texas, for example, it is a deceptive trade practice if you are "representing that goods are original or new if they are deteriorated, reconditioned, reclaimed, used, or secondhand."

Of course, the law does not exist in a vacuum, and from a practical standpoint, I'm not sure what GameStop is doing is as nefarious as some people seem to think. The resale of used goods as new rules had a simple policy argument: when they were implemented, practically all goods had a limited useful life, and any use of them would lessen that useful life. If I re-sold a used console, the console's useful life has diminished. If I re-sold a used TV, that TV's life has diminished. That's not exactly the case with a DVD based media. DVDs do in fact deteriorate, but that's something with a clock that begins from production based on normal biodegrading. If a disk has been properly used in a machine and properly handled, has its life been diminished? I haven't seen any data to suggest that it's anything at all, much less anything significant.

Obviously, if the disk, packaging, or other materials are damaged in any way, or if one-time use download codes are used during the check-out, there is no question that reselling that as new would likely be a deceptive act. Of course, the damages would be relatively minute ($5 or so based on the average new release's used price), which could provide difficulty in generating an actual lawsuit over the issue. However, when the disk is cared for and no damage comes to any aspect of the product, has its value actually been reduced? No, and the content of the product is still 100% present. It's a little more nebulous with respect to DS games, as the last of the cartridge systems. I don't know if they have a useful life as determined by play time or not.

From a practical standpoint, I still don't see why GameStop hasn't moved to reproducing cover art with publisher permission and just re-using empty cases so that no titles have to be opened. Granted, that would basically limit employee check out to used titles, but I'm not sure that's a huge loss to the average employee as many new releases are in short enough supply to prevent check out by the policy as reported by Kotaku anyway. It will certainly be interesting to see if the FTC takes any action on this matter, but from a pragmatic standpoint, I'm not sure they will based on the facts.

[Correction]

Oh wait, no, someone will always have a problem with something at Walmart and perpetually bash. All the while Walmart stays as the retail leader for some odd reason and rake in billions.

The billions aren't coming from business practices that anyone with a brain for math and internet access would call consumer-friendly. Average citizen, fool and his money, etc. etc. The criticism isn't just because GS is a big bully and he took your juice box; people don't always just criticize to hear themselves whine.

You're taking GS criticism a little personally there Excalipenis. "Well my store is great and we're all happy what's your problem?" was never enough to invalidate years of gripes at how the average experience at GameStop goes down.

[BRP]

Their days are numbered, yes, but it won't happen for a long long time.

What do you think I mean? I am not saying Gamestop will live to see the last star burn out.

The switch to digital distribution will a long and painful one. We haven't even conquered broadband yet.

When it finally does become the standard, gamestop will still see a lot of business.

[Ksandra]

I avoided gamefly for now but they have a two week trial right?

I admit I haven't gotten gamefly yet (we first got netflix and have 80+ movies on our list so trying to bring that down first). But it seems pretty awesome and people love it. IF it is like netflix it's well worth it imo. They do first class shipping so games should come as fast as possible (you don't pay extra for the shipping costs that's included in your monthly set fee). You get to keep the game as long as you want, and if you decide you want to buy it, you can from their website for a discounted price (you then keep the disc and they will send you the case/manual).

I would try it if I were you and see how you like it.

[Correction]

I can't beat two games in a month, making Gamefly not cost-effective for the games they distribute.

[Fallyn]

Wall of texts etc, but at where i work (game store in UK) we aren't allowed to take games home, and "new" games that are "gutted" to put out on the shelves are not played; they will just be the last copies to be sold.