GameStop Sued Over Lack of DLC For Used Games

Absolut187 writes "According to IGN, 'A lawsuit filed earlier this week against retailer GameStop says the company is "deceptively misleading" its customers into believing a used game purchased from the store comes with all packaged downloadable content advertised on the box. This content, however, is only made available for free to those who purchase the game new, as the code to access the content can be only used one time.' I personally don't have a problem with publishers charging for DLC. IMHO, you put in the effort to make it, you have the right to (try) to charge whatever you want. I have the right to take it or leave it if I don't find your price fair (same goes for the main game). But what about the used game market? Should publishers be allowed to destroy the used market for their games by including 'free' DLC with a one-time use code? Should the copyright doctrine of 'first-sale' have any effect here? Or is it up to the consumer (frequently children) to realize that the product will have a reduced resale value due to the one-time nature of the DLC code? Is this any different from the use of unique 'CD-Keys' that are required for online play (e.g. for Blizzard games since 1997 or earlier)?"

Comments

Re:A meritless Lawsuit

[CorporateSuit]

Gamestop did not design the packaging.
The packaging almost ALWAYS refers to the original purchaser or "1 time use"
Gamestop clearly marks the game as "Used"
Gamestop ALSO offers the option of returning the game, without stipulation (the clerk might ask out of interest why you returned it, but otherwise, no questions asked) -- in case you were suddenly upset because you STILL didn't understand you weren't getting the 1-time use token.

Gamestop is not the problem here. The problem is a mindless purchase, nothing done by the consumer to rectify their mindlessness, and a publisher who pulled a scam to revoke the consumer's first sale rights, and a man-in-the-middle powerful enough to be a target.