While I still frequently deal with this 'gut' issue, there's a ? that came to mind while reading about the different experiences people have had. Namely: what is stopping the GS/EB employees from telling people that the gut is the last copy, especially if they just want to get rid of it? There are plenty of people that don't care about that policy and buy the stuff anyways (parents and younger kids etc. etc.).
Here's an interesting EB experience I'd like to share from 2 months ago when I purchased Heroes of Mana for DS:
Him: The total is $42.xx.
Me: I'm not really sure I want this..I mean, I want it, but $40 is a steep price, and if I saw it for cheaper somewhere else..
Him: Oh, don't worry about it man, it's all good! As long as it's within a week, we'll take it back..
Me: Good, cuz' if I saw it cheaper at another store in the next week, I was planning on picking it up there and just returning that new copy here.
Me: Oh yeah, that's fine. But if you need me to seal it back up, we got a machine in the back that'll do it no problem. Just let me know.
Me: So you're saying I can return it later even if it's open?
Him: Sure. Actually, that's what I thought you meant, hehe. Either way, it's kool.
Me: Hahaha. (while thinking to myself: wow, and I thought -I- used to be a stoner)
Admittedly, it's a nice perk, but I wouldn't do something like that to someone that I wouldn't want done to me. In other words, I wouldn't wanna get a game that has been 'claimed' to be new when it quite obviously isn't. The problem is companies like Capcom and how awfully similar their methods of "factory-sealing" games are to a regular shrink-wrap machine. I've used plenty of them, and the seams are not really hard to replicate.
I dunno, just some food for thought...