I don't even understand Bethesda's legal claim on on the used game sale. Even third party sellers are going to have to accept a return if the other end complains so it seems that only the seller only needed to say was he had a money back guarantee.
Let's look here:
https://www.eurogamer.net/articles/2018-08-11-pete-hines-defends-bethesdas-legal-threat-on-amazon-marketplace-game-seller
I think Bethesda's trying to be ultra-technical as can be & destroy any gray areas in what "used" and "new" sales of games are.
I believe they (Bethesda) are also saying he shouldn't be claiming the game as "new" b/c the usual 30 Day Warranty is for "first sales" directly from "authorized retailers". From the Amazon Warehouse directly would be a first sale, but a person who bought the game that is re-selling it on their Marketplace is a second sale. "New" should mean that everything to a new first sale pertains - the 30 day warranty, bonus DLC keys, the manual, the right amount of discs in the box, and EVERYTHING else that is supposed to be in the box.
Pete Hines:
"If you want to sell your copy of the game, it's 'pre-owned'. You can't say that it's new because I have no way to verify that, and ultimately that person is our customer we have to deal with and if there's stuff missing or things that have happened we're the ones that are going to have to make it right.
I also guess Bethesda's support gets slammed from people who might buy stuff from Amazon's site, maybe not realizing or caring if they bought from Amazon warehouse directly or some user on the marketplace; or trying to bypass the hassle of dealing w/ the re-seller and instead just go bug Bethesda's support straight-up.
They (consumers) might contact Bethesda and say, "Hey, my manual is missing." Or "Hey, my bonus Sword DLC is missing." Or "Hey, my Horse Armor DLC is missing." Or "Hey, my 2nd disc is missing." Who knows how many DLC's, manuals, or things they've given away to customers that might've bought off the 2nd hand marketplace just to keep the customer happy, since everything's so gray. If these all get defined, Bethesda can say "Second sale. Not our issue. Go bother the seller." For DLC bonuses that are missing or code's already used, they could say: "Second hand sale. Not our issue. 30 Day Warranty's up. You need to buy bonus DLC for $5/$10/whatever the price is on XBK/PSN/Steam/Bethesda.Net." I also bet Bethesda wants to be able to say: "Well, your copy is used since it has been bought from Amazon's marketplace, this ain't our issue; it's a used sale - no matter if the box is unopened. Go bug the seller, not us."
Don't be surprised if Bethesda goes after EBAY next.
I also wouldn't be surprised if this is a tiny step to go for a bigger one: to also later go after trying to kill the 2nd hand market too. Remember, they just started to really support on the PC Bethesda.Net client-app - i.e. ESO, Quake Champions, and the upcoming Fallout 76 will launch only there....even though ESO and QC later hit Steam. They obviously are trying to cut Steam out and their supposed 30% rule too at launch-time (i.e. usually when games are at their most expensive).
I'm not saying I support here what Bethesda is doing here. For me, these days, a retail box PC game is still considered new when it's tied to a service only as long as all of the activation game-keys (Steam, Origin, whatever) are in the box and haven't been activated by anyone yet.
On console games - to me, if everything's in there and it ain't been opened/unsealed, it's still new.
Whatever Bethesda wants to do w/ deciding "anything from a reseller is used no matter the game's condition" - that really should be something for the Courts to figure out.
What a crap-show this all is gonna be...