Court Rules Against Used Game Sales

BY Andrew Miesner / October 15, 2010

The days of buying used games may be over as courts have ruled in favor of software and game publishers in regards to the purchasing of used software and games at stores such as Gamestop or Blockbuster.

According to game publishers, sales of used games cheat the companies out of profiting on game sales, due to the fact that second hand sales do not contribute to their bottom line. Gamestop argues against this point by stating at 14 percent of new titles are bought with credit customers receive from trading in old games.

Cory Ledesma, creative director for wrestling games at THQ, stated in an interview:


We hope people understand that when the game’s bought used, we get cheated.


eBay responded with the following:


Two of the primary effects and public benefits of the first sale doctrine are increased access to, and affordability of, copyrighted works. Secondary markets encourage economic efficiency by creating opportunities for buyers and sellers to exchange copies of copyrighted works at mutually satisfactory price points.


Fortunately for companies such as eBay, Gamestop and local video stores that specialize in the sale of used video games and software, this decision has not yet been made into law and even the ruling itself may be over-ruled in the near future. Still, game developers have turned to digital downloads to combat this trend.

Should gamers continue to have the right to sell and purchase used games to 3rd party entities, or at garage sales?