If I were to sue EB Games........

[quote name='eldad9'][quote name='cicada17']In the past EB also would sell returned copies of games as "new" As an example, I purchased a "new" copy of "Animal Crossing." However, when I got it home I found that the included memory card already had a save file on it. Also, these "new" games have also been sitting in the display system for a month being played constantly.[/quote]

Isn't Animal Crossing _supposed_ to include some kind of extra on the memory card?[/quote]

If it was an outright save file, no. There is a "special present" file though on each card. it gives you a NES game or two.
 
[quote name='PsyClerk'][quote name='repetske'][quote name='dental_regurgitation']I've been giving this more thought, and I believe that if nobody takes a firm stance against the stores, they might begin to sell used games that appear to be "new" as new.[/quote]

Not that this thread has any common sense so far, but actually EB would want to sell all of their product as used if they could in order to inflate profit, so I don't think you have too much to worry about.[/quote]

This is a good point. EB makes something on the order of almost twice the profit on used games as they do on new ones.[/quote]

They would make even more if they were able to sell a used product as new as the price for new is almost always more than used. I do understand your point but think about it in that way instead. I trade in a perfect/Mint copy of a game and they would sell it for $5-$10 more than if it was sold used.
 
[quote name='Mr.Answer'][quote name='Cornfedwb']

Basically, its a poor analogy.[/quote]


Poor analogies seem to be the norm in this thread.

:lol:
[/quote]

mr. answer, you are the n00b of the week :D
 
[quote name='CheapyD']Can you imagine a situtation in which you watch a McDonald's employee piss on your hamburger and yet you paid for it anyway and walked out of the store?

This is pretty much the same thing, without the bodily fluids.[/quote]

wait...so i might not be the only one who pees in my hamburgers?
 
I never buy my new games unsealed, so the only time I bought games from EB or GS is getting used copies of games I missed during launch.

While the idea of a class action lawsuit based on the way the KY law was written might seen extreme, EB did derive something of economic value when they gutted copies of games for either display or "employee home evaluation" purposes. The bottom line is they benefitted from these "new" copies and passed these costs to the end consumer without compensating them (e.g. 5~10% discount). That's a prima facie case of unjust enrichment.
 
the comment the thagoat made i'm not sure if that was a joke or if he was serious,
\quote "eb does sell used games as new. Especially if the release is only a couple of days old. how do i know? i was told by an e.b. employee."
working at eb i was always told to sell preplayed over new, because selling preplayed games helps us hit our goal.
anyways this topic is a joke, classaction lawsuit over something as stupid as having a open game. I'm tired of this topic that seems to keep poping up. Just out of curiosity what does the OP expect to get out of it.
 
[quote name='punqsux'][quote name='Mr.Answer'][quote name='Cornfedwb']

Basically, its a poor analogy.[/quote]


Poor analogies seem to be the norm in this thread.

:lol:
[/quote]

mr. answer, you are the n00b of the week :D[/quote]

Noob of the week eh? Is that a compliment or a slam?
 
This happens where I work(gamecrazy), but it's because of a store policy. We let people try out anything in the store before buying, to see if they like it. So if there aren't used copies, there are gonna be opened ones that people have tried and played for 5-10 min. Nothing to worry about, it never leaves the employee's hands or goes any farther than the shelf to the display console..
 
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