Some of you may remember an interesting article I wrote back in 2004 surrounding the re-packaging of used games, and selling them as new copies.

www.gameclubcentral.co...p;artid=64

In it, I targeted EBGames, GameStop, and Best Buy.

Today an opportunity to make you aware of another un-ethical business practice by EBGames/GameStop presented itself when I was sold a used game that was CLEARLY labeled "NOT FOR RESALE". It was a Nintendo product, and when the store manager Dan was asked why I was sold something not for sale, he stated "Buying and reselling games like that (Not for Resale) is regular practice at our company".



From there I contacted Nintendo, scanned my game cover and receipt, and opened an official complaint with GameSpot customer service. I also called Dan back and asked him to have his district manager contact me.

Dan made NO apology, or offer to exchange the product, even though the two other used copies of this game he had were legitimate. In reality, Dan treated me more like a nescience,rather than a concerned customer. I realize GameStop managers might be young due to the nature of the business, but they should at least teach basic customer service skills to people managing a retail store. When I went to pick up the game I was treated rudely by Dan as well, it went something like this:

Dan: "Are you a member of our discount club?"

Me: "No"

Dan: "Would you like to sign up?"

Me: "No thanks, just came to get this game for my daughter"

Dan: "You don't like saving money on your games."

Said more like a sarcastic condescending statement rather than a question.

Me: "No thanks, I like to buy the games I don't get for free, and I pay full price to support development processes"

I then tried to talk with Dan about E3, just to forget the rude behavior I felt I had just received. At least that part of he conversation was personable and polite.

For now, I guess you should just be aware that this happened to me today. I am allowing a few days to pass before I write the complete article about this to allow GameStop and Nintendo time to comment. I am also going to be driving to various local GameStop and EBGames locations throughout my town and checking for more samples of this un-ethical practice and documenting proof for both the game publishers, and our honorable gaming audience.

If you see listings in a retail store, on the internet, in email, by FAX, etc. by others who apparently have difficulty in understanding what NOT FOR RESALE means, I would like you to email me the information, and perhaps share the contact info for a few friends that I would ask you to introduce them to.

These games usually come from people like me who get free games for purposes of review, or from company employees. I don't sell the stuff given to me free for review, and quite frankly, you shouldn't buy ANYTHING that is labeled "NOT FOR RESALE". I have been doing reviews and getting free product for over 7 years without relenting to the low of trying to sell them after I review them. It ticks me off the no end that GameStop allows this, and that there are press people out there that have no ethics what-so-ever. These are the same kind of people that will give a review a great score because they got the product free to play.

Just to give you a background on this issue in general, Microsoft had a large problem with this back in 2005, below is a clipped part of a blog from Microsoft US Senior Manager:

"Ok, say it with me... "Not For Resale." There are just some times in life when you sit back, look at something for awhile, and no matter how long you stare or how many ways you think about it, all that you can come up with is: "What are they thinking?!?!?!?!?" While I know there may have been an instance or two in the past where maybe there was a question about something in one of our licenses (yes, I'm being sarcastic), but this is just not one of those times. Someone posted a site in the User Group showing where a company is listing "NFR software" for sale on their site. Now just for kicks, let's assume it is legitimate NFR software. (and if you saw the listings in question, you know that the odds of "legitimate" being associated with either of the listings is not going to happen.)* If you have a box of software that states on it, "NOT FOR RESALE," isn't that self-explanatory enough? Do we really need to change the acronym from NFR to NYCSTS? (That would be, "No, You Cannot Sell This Software" for those keeping track at home). So let me try to make this VERY simple for anyone "on the fence" over what NOT FOR RESALE means... It means, "NO YOU CANNOT SELL THIS SOFTWARE!"

I may be over-acting a bit on this one, replies will tell.

I found from the GameStop DM there was a bundle pack at one point with this game and the GameCube and they can sell it he thought. I let him know I am waiting on an official response from GameStop corp and Nintendo, and thanked him for the information. He was actually very nice and turned my bad store time, into an understanding one.

I then researched the bundle and found this at Amazon UK:

www.amazon.co.uk/Pokem...B00026EU62

I still think if it says NFRS, it should be NFRS

Update later.

Just one question ... does providing a 'Not For Resale' product to someone for free count as 'resale'? (I ask this knowing that Micro$oft had some ideas that 'Selling for $0' is still 'Selling') ...

In my mind if you give away a NFRS product, you aren't doing anything wrong. A company selling you one is another story.... heh

2 weeks has passed and little response so far. I did get something back from Nintendo at the end of July:


Hello Marty,

I appreciate your taking the time to share your comments with us in regard to the situation you encountered at Game Stop / EB Games. Rest assured that your e-mail will be forwarded on to the appropriate department for further review.

Sincerely,

Nintendo of America Inc.


May the writing commence

I wouldnt hold my breath on any resolution to this matter.

While on the surface this looks like a shady practice, the used game market is one big loophole to the system. All games have their own skus, even the NFR ones (which are priced @ $.01) in the system. Once it is rung up, the inventory is taken out, and the necessary adjustments and credits are made to the store/publisher.

But what makes the used game market so profitable is that when people bring in games for sale/trade, the items aren't brought in under the same sku. They are re-inventoried under a entirely new product/sku in the system. That allows them to not only re-sale the product, but also create an environment where there is a 100% markup. Because of this the NFR games aren't brought back in as a used NFR game, but just a used game. If you were to buy Pokemon Colosseum, one being a NFR and one being a regular used game, they will both come up on the receipt as Pokemon Colosseum (used).

Nintendo and similar publishers never liked this program, because it is an end-around in keeping the publishers from getting additional monies, where the profits from a used game go straight to the store's bottom line. As long as the items are being re-sku'd when they come in, it is as if it is an entirely new product. And the publishers cannot do anything because it's no longer their product (as far as the inventory system is concerned).

You ever notice how a newly purchased game can depreciate by 15-20 bucks on resale? But when they resale it, it is always cheaper than the MSRP? Yes, that's cause it's used...but that's all controlled by the store, cause if they priced it the same as the retail, they would cause a direct conflict with it's retail counterpart. Otherwise, they could manipulate supply/demand and charge people to pay the same for a used game as a retail version.


The ironic thing is....if you try to trade it back in, you will get even less because it is a NFR...which are hard to resell anyways. That's why they give those copies away 1st.

I'll be on the lookout for this practice at my local EB. No doubt it happens nearly everywhere.

This causes gamers who make it a point to pay full price to encourage and support games developement look like suckers, but in the long run its ALL gamers who suffer. Those with a lesser integrity don't see the big picture in which decreased revenues for a game publisher lead to lesser quality games with recycled content.

Thanks Dragon and GCC for standing up and speaking out against unethical resale practices.

It does happen everywhere, it's just that Ebgames /Gamestop have taken a practice that was normally seen in local independent shops, and projected it on a bigger stage.

But I have to say that most gamers don't buy a game to support games development. Gamers pay full price because society in general have created an environment in which it's all about being the 1st to have material things. People were camping outside for a whole week just to get an iPhone, only for Apple to drop the price of the phone by a hundred bucks barely two months later. Now that is a sucker, but that's the price you pay for wanting to be able to say that you have something that no else in your immediate network has. A new pair of Air Jordans come out 1-2 times a year, but kids will skip class just so that they can be one of the 1st in line to drop nearly 200 bucks on shoes that won't improve their jumpshot. Another sucker, but do they care? No, because they put high value in something that offers little to no return on their investment. Gamers are the same way. Every console launch shows just how bad they want to be the one to say that they got a hold of a system that will be in short supply for a couple of weeks, but will readily be available at a later time. I mean, why have a midnight launch party for Halo3, when the store will be replenished with copies several times a week?

But I won't say poor publishers, because they are masters of the hype machine. They know the power of the fanboys, and understand that information given in extremely small doses actually allows the gamers and the ones who sell them do the marketing for them. They also know that for a large number of games, the first week will be the titles best week. In rare cases (i.e Everquest, World of Warcraft) word of mouth gives the game some momemtum afterwards, so the emphasis on trying to get the consumer to purchase a product within its initial release becomes extremely important.

Most publishers that need gamers to pay full price for continued games development don't get it because there is a huge stigma from people and media against titles that are priced under 40 bucks at the game's release. A lot of games that were priced lower generally put out products that had too many bugs, too many inconsistencies, and appeared that the publishers cleared a game that had no business being put on store shelves in its current state. But now, you run into cases to where you read "for a game that is $19.99, it's actually a pretty good game". That tricks consumers into believing that new games that come out cheaply priced, probably aren't worth your dollars. In the videogame industry that is a horrible rule of thumb to follow. Good example of that is back in 2005, where Take Two released a NFL 2k5 for 20 bucks, while Madden was still being released for 50 bucks. Now the general consensus from the media and those who played both games clearly said that NFL2k5 was the superior game. However, the game didn't have an overwhelming impact partly due to the fact that most football fans believed that by Take Two pricing their game less than madden, it was a sign of weakness and desperation to try to get an inferior product to compete directly with the mega-franchise.



....of course this is getting off topic a bit. Sorry, once the mojo started, I couldn't hold it back.

Yeah back in the 80's in my Commodore 64 days one of the local retailers was "renting" software. Top name new releases from EA games, Microprose, etc. were rented in these poly bags with the discs(5 1/4) and the manuals. You could take it home and "try it out" and then bring it back. You could then buy them at full price. The store was found out and promptly shut down after someone narc'd them out to the publishers. Copy protection back in those days was in its infancy and the haxors were much more versed than the industry...always some people that want something for nothing. I was given a box once of about 50 copied discs of C=64 games. It was that event that spoiled me for life on pirated crap. I died a million times in F-15 Strike Eagle by trying to figure out the controls and such without the game manual and ever important keybboard overlays of those days. I've been buying my games straight up since 1984 and don't own a single piece of pirated software.