Comments on: Class action suit over GameStop resales

By: David Schwartz

David Schwartz — Thu, 08 Apr 2010 16:22:31 +0000

Bryan C: If the package said the game included a collectible coin, would the manufacturer be responsible if GameStop sold a used game without one? It’s the reseller’s responsibility to make sure the product is labeled appropriately for resale. The manufacturer labels the product for original sale.

By: Bryan C

Bryan C — Wed, 07 Apr 2010 21:00:03 +0000

GameStop isn’t bricking the games or restricting downloadable content. Nor are they printing misleading information on the box. That’s all being done by the game publishers who insist on crippling their games with anti-consumer DRM mechanisms. Go sue Electronic Arts.

By: Rliyen

Rliyen — Wed, 07 Apr 2010 18:26:51 +0000

This is why I opt out of any CA suits that come down the pike. They only benefit the lawyers, not the aggrieved party.

By: Scott

Scott — Wed, 07 Apr 2010 14:11:06 +0000

My prediction is that the case will be settled with a large payment to the lawyers and rebate coupons for the class members. The fix will be a warning sticker that states that not all content listed on the box may be available.

By: Bob Lipton

Bob Lipton — Tue, 06 Apr 2010 23:49:17 +0000

Come to think of it, without a receipt or similar proof of purchase that would cause the store to accept the return, how can you demonstrate you are actually a member of the class?

Bob

By: Bob Lipton

Bob Lipton — Tue, 06 Apr 2010 23:48:09 +0000

Well, gitarcarver, there you go. It doesn’t have the whatsit, you bring it back with the receipt — standard for stores to insist on receipts — and if they ask why you say “I can’t access the internet downloads.” Not that you have to tell them, but management likes to know why merchandise is returned.

Bob

By: gitarcarver

gitarcarver — Tue, 06 Apr 2010 22:52:09 +0000

Does Gamestop allow you to return the game?

According to the store return policy at:
http://www.gamestop.com/gs/help/Store%20Return%20Policy.pdf

A receipt is required for all returns and exchanges.
• Unopened new merchandise may be returned for a refund or exchanged within 30 days of purchase.
• Opened new merchandise may be exchanged for the identical item within 30 days of purchase but, with the exception of opened new accessories, cannot be returned for a refund.
• Used (pre-owned) merchandise and opened new accessories may be returned for a refund within 7 days of purchase or exchanged for the identical item within 30 days of purchase.
• We reserve the right to refuse any return and to require that certain items be returned directly to the manufacturer.

Other sites and comments have picked up on the same issue that you might be hinting at – “why not just return the game?” As anyone who has played a video game knows, seven days is a long time to have a new game sitting there, beside your computer, whispering in your ear……
“…install meeeeee… play meeeeeee…..” 😉

By: Bob Lipton

Bob Lipton — Tue, 06 Apr 2010 21:05:32 +0000

Does Gamestop allow you to return the game?

Bob

By: Jim Finkel

Jim Finkel — Tue, 06 Apr 2010 19:47:59 +0000

And this is exactly why re-selling a product with DRM attached gets slippery. The new term is brick as in what may happen when your iPhone dies if you perform unauthorized 'upgrades'. As game companies try for stricter control over consoles and physical games, there will be more issues. Clearly "pay to play" for ONLY initial purchasers will affect all subsequent resales.

By: John Cuyle

John Cuyle — Tue, 06 Apr 2010 19:16:39 +0000

I’m really torn on this one. Day one/initial purchase DLC is essentially the best available workaround for not having a robust mechanism for tying an individual license to a user with console games. If it weren’t for the relatively large (but rapidly shrinking) number of users that don’t have regular internet connections for their consoles, I think it would be appropriate to lock 50-75% of the game to a DLC purchase and include a token for a free copy in the box.

On the one hand, I don’t really believe a class action is particularly appropriate for this. On the other hand, I’m pretty keen on anything that negatively impacts Gamestop’s used game trade.