Yes, for some weird reason Gamestop is opening these games and selling them as used, but not at a higher price ($39.99). Perhaps they get some sort of tax benefit by selling as used? I have no idea why they do it, but it worked out well for me at the b2g1 sale a short while back since they are also selling the Digital Devil Saga reprint the same way (new copy, opened and sold as used) for the same price. The disc, manual and case of both Nocturne and DDS were clearly untouched. Alas, I've not had time to really play much of Nocturne or DDS yet. I did play about an hour of Nocturne and so far it's good, but obviously not enough to really get an impression of the game. I like the feel of it so far, though.