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Legal to sell used PC games?

Started by TempusElf May 6, 2003 at 5:08 PM 4 replies 1.7k views
Original Post
TempusElf
TempusElf
I''ve noticed that places like Best Buy won''t let you return PC games if they have been opened no matter what. They''ve told me that by Federal Law they can''t do that. I don''t know if that''s true or not. (this really pisses me off because some publishers blatantly lie on the system requirements part of the box) I''ve also noticed that the only store that I see selling used PC games is this one GameStop that I''ve been to. Not even the other GameStops I''ve been to do that. Does anyone know if it is legal for retailers to sell used PC games? It might be illegal for the same reason that the Best Buy claims they can''t allow returns. The reason I want to know is that I''m looking for a copy of the original System Shock, and I really really don''t want to fool around with ebay or online retailers anymore. I''d like to try and buy it from a retailer in my city if that is possible but it probably won''t be.
CWizard
CWizard
quote:
Original post by TempusElf
They''ve told me that by Federal Law they can''t do that. I don''t know if that''s true or not.
Not 100% sure, but I think that is a blatant lie. The law would rather promote your right to return the product.

Ask them to refer you to the paragraph that prohibits them from letting you return the game, and we''ll know.
JSwing
JSwing
I think Best Buy is jerking your chain. I can''t imagine a Federal Law preventing them from taking it back. There are, I believe, laws that *require* them to take the game back if it was defective.

There may be a store policy that they don''t take opened games because they imagine you buy the game, burn a copy, then return it. So they don''t like to take them back.

If the game does not run on the minimum specs then that could constitute fraud.

However, the easiest way to get the game exchanged, or your money back, is to talk it through with the store manager. Explain the problem and be reasonable. Sometimes it''s easier if the person doing the talking fr you doesn''t look like a potential pirate (I''ve got an retired friend who''s not terribly compter savvy and he sometimes buys games that don'' run on his machine - they never give him any hassle.)

It is perfectly legal to buy and sell used games. You own the game, after all. There are a few stores in my area that sell nothing but used games. It is not legal to keep a copy of a game on your machine and sell the original. That would be copyright violation.

HTH,
JSwing
sSimontis
sSimontis
EB Games and gamestop do it. These are major companies. It is legal, but I imagine in some areas, local law limits or prohibits it. I don''t know where you are from, so I can''t find out if local law prevented it, but the store was allowed to sell its last load or get games used from another store.

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doctorsixstring
doctorsixstring
quote:
Original post by JSwing
...they don''t take opened games because they imagine you buy the game, burn a copy, then return it.



Exactly. I wouldn''t be surprised at all if there is a federal law supporting a business'' right not to accept computer/video game returns. That doesn''t mean that it is illegal - only that Best Buy has the right to refuse to take back copied games.

-Mike
dede
dede
quote:
Original post by TempusElf
I''ve noticed that places like Best Buy won''t let you return PC games if they have been opened no matter what. They''ve told me that by Federal Law they can''t do that. I don''t know if that''s true or not.



Well, there are several tricks, although IMAL...

Its a federal law that says if a child under 17 buys a video game, the parents can return in in 3 days, reguardless. Its illegal to make any contract with a minor. Legally, all sales are not binding. This won''t work if a parent was present at the time of the purchase.

Some states have contract laws, that apply for all purchases. In Michigan, you can return ANYTHING in three days, as long as you can site a good reason. Like, "I wasn''t thinking, I won''t be able to afford this". This is a weaker law. Anything that you can state a federal law, like food-items, or intimate items(like underwear) cannot be returned.

You can also buy the game on a credit card, if they refuse to take the game, then place it on the customer service counter, make the employee touch it, walk off, and then reverse the payments with the credit card company. It will be difficult for Best Buy to prove you were "evil", because they legally possess the game when you abandon it at customer service. And if their "employees" take the game home, then that would be theft. Remember to bring a relyable witness, to say you left it on the counter, and the employees took it.

I just say this, because I''m pissed that *insert random store* decides to treat me like a criminal, because I BUY video games from them! Wouldn''t it be easier to steal them? But because I BUY them, then I''m auto-magically a thief, and I have to use tricks inorder to get them to return them if they don''t work.

Selling used PC games is tricky. I knew of a few stores that do it, but they make you sign forms that state that you''ve deleted everything off your hard drive, because they are legally responsible if you didn''t.

And another thing, people in retail use the "Federal Law" excuse all the time. Always push them for the exact law number. IF they "forget" to include a section number, then they are full of crap. They just made up a law to get you out of their face.

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