While I agree that it’s difficult to tell if a “sealed” copy of anything actually contains what it says, or is something that just weighs the same, I found this part of Hines’ argument particularly telling:
“He, specifically, was trying to list it as a new product as if he was GameStop or Best Buy… He’s not a company, he’s not a distributor…”
To Pete Hines you’re not allowed to sell something as new unless you’re part of an incorporated legal entity.
Last week I bought some electronics from a person off of Craigslist, they were selling it as “new” because it was still sealed. When I met the seller I had them open it up before buying it because you do need to be able to tell that it isn’t a box with a brick in it.
That is a legitimate concern, and I’m not sure how you resolve that question over an online purchase, but it isn’t really up to a the original software developer or publisher to police that. If they are going to do that, you would hope that they have a very strong argument against the individual seller.
Hines is quoted as saying:
“…we don’t want our customers buying stuff from a vendor like Amazon where they think they’re buying a new product and suddenly finding out they got a disc that’s been played, somebody kicked across the floor and scratched and ‘oh they took out the insert that had the special items I was supposed to get for buying this’.”
Hines never makes any statement that the original seller, Hupp, was actually selling a resealed product as new, but he sure does love to speculate that this is what is happening. This is an incredibly flimsy excuse to approve the legal threats against Hupp, and it absolutely isn’t the same argument that his lawyers are using. Their argument is all about a bogus missing warranty.
Even if they’re successful in their pursuit of shutting the practice down, you don’t need to be a lawyer to smell the stench from Maryland. This is about locking out individuals from doing what they want with the things they purchase, not protecting anyone from buying a resealed game.
Philadelphia-based Ryan Hupp recently contacted Polygon to explain how he’d been forced by Bethesda to stop selling his copy of The Evil Within 2. He bought the game but never unwrapped it, he told us. He’d been expecting to purchase a PlayStation 4, but instead spent his money upgrading a gaming PC. Hupp said he often sells used goods through Amazon Marketplace, which works in much the same way as other online trading sites, such as eBay.
Bethesda’s legal firm Vorys sent Hupp a letter, which he forwarded to Polygon, warning that the game must be taken down and threatening legal action for non-compliance. In its letter, Vorys made the argument that Hupp’s sale was not “by an authorized reseller,” and was therefore “unlawful.” Bethesda also took issue with Hupp’s use of the word “new” in selling the unwrapped game, claiming that this constituted “false advertising.”
The modern situation with game software that we can collect and play for a time, but not own in any real sense is extremely disturbing, Bethesda isn’t helping the situation.
Bethesda’s E3 showcase opened up with a montage of the developer’s children encouraging us to get excited for their parents’ games. This is the same publisher that wants you to be less informed because they don’t ship review copies out to journalists and critics early.
Bethesda’s VR offerings included brief glimpses of Doom (2016) VFR and Fallout 4 VR. Both were depicted with the HTC Vive HMD. It’s good that these games are getting VR editions, but it feels a little late. It’s good that VR is getting full games instead of just shooting galleries, but you’ve probably already played those games if you wanted to. Doom will also be available for the Playstation VR system.
No release date was made available.
Elder Scrolls Online: Morrowind
Bethesda played a video montage of other people reacting to the trailer for the Morrowind expansion to their ESO. That is a very strange way to show off your game but I guess it kind of makes sense when the Morrowind expansion is $40 and has been out since May 22nd for Windows and Mac.
Creation Club, or For-Pay Mods, Again.
Hold up, what? Did we not do this before? I don’t have an issue with developers getting paid for work, but it’s obvious that the community at large does. I hope this works out better this time, and the developers of community made items get a better cut. It’ll be out for Fallout 4 and Skyrim on PlayStation 4, Xbox One, and Windows, this Summer.
The Elder Scrolls: Legends
It’s Bethesda’s digital CCG like Blizzard’s Hearthstone. Everyone must want to make their own Magic: The Gathering. It’ll get some cross-platform release on Steam, iOS, and Android next month. Also there’s some Skyrim stuff for it:
Skyrim for the Nintendo Switch
You’ll be able to play as Link if you have a certain amiibo. I hope the motion controls are optional. They don’t look so hot.
Dishonored: Death of the Outsider
It’s a standalone expansion to Dishonored 2 and it’ll be out on September 15th for $30. I still need to play Dishonored 2.
BJ Blazkowicz from Wolfenstein is gonna be one of the playable characters. I’ve been pretty disappointed with what I’ve played of Champions, and while I’ll give it another shot once it is out of beta I’m not very hopeful. Quake 3‘s style of gameplay doesn’t feel good to me without a level playing field. It’ll never be level when different characters have wildly varying abilities like these champions.
Bethesda also announced a Quake Champions tournament with a $1,000,000 prize pool.
The Evil Within 2
Everything I’ve heard about the original was that it was flawed but promising. The sequel to The Evil Within could do with reassuring players by sending out review copies going out ahead of time. October 13th.
Wolfenstein 2: The New Colossus
Machine Games’ Wolfenstein: The New Order was excellent. I look forward to seeing what they do with this, and the tears of Trump and GG supporters who see Nazis and Klan members being murdered in an occupied United State and feel some sympathy for them. It’s set for October 27th. There’s also this ridiculous collectors edition:
Overall Besides Wolfenstein 2 and Dishonored‘s new expansion, there wasn’t that much here for me but I was glad for the shorter show.
Bethesda and id announced a Quake Champions closed beta test with this trailer. I’m real curious how this turns out, but I’m already kind of skeptical about the character-specific powers. We’ll see how it turns out when the beta starts.
Bethesda notably stopped sending out their games for review prior to the games being released, so you’ll probably want to hold off on buying the game until you’ve either had a chance to experience the beta yourself or until reviews are out.
I was initially pretty psyched for a new multiplayer arena-shooter Quake from id even if the characters looked to be individualized with abilities specific to each.
The new Doom was a huge surprise, even though the multiplayer wasn’t that hot. Maybe they would do a better job with Quake Champions which appears to be solely focused on multiplayer? Well, it turns out to be a little less exciting because a third-party is developing the new Quake.Saber Interactive worked on 2014’s abysmally buggy Halo: The Master Chief Collection, though who is to say if that was an issue with Microsoft’s 343 or one of the four other studios that worked on the bundled collection.
id software had a great collaboration with a third-party when Machine Games made Wolfenstein: The New Order in addition to the standalone expansion, Wolfenstein: The Old Blood.
I don’t doubt that Saber could put a good game together if the right situation arose. Maybe they just need to work with the right collaborator in id software? If not, well, we’ve still got ioquake3.
Prey has fewer question marks, it’s clearly not related at all to the 2006 FPS from Human Head. Instead, Arkane is making it. Their Dishonored from 2012 was excellent as a first-person stabbing simulator.
Quake Champions will have some kind of closed-beta, presumably for people that preorder, in 2017. Don’t pre-order games. Prey is out in 2017.
Adam Sessler and Morgan Webb are back for the pre-show from the old Rev 3 and TechTV days to present the Bethesda pre-E3. It’s kind of refreshing to watch people who know how to act on camera as opposed to the awkward executives of other E3 presentations.
Glad to see Bethesda acknowledging the horrible massacre by wearing rainbow ribbons instead of pretending it didn’t happen. EA
They’re opening with a DOS screen booting and it’s launching… Quake!!! All pre-rendered, non-ingame footage but I am very happy to see characters returning from Quake 3. It’s called Quake Champions.
Here’s the trailer:
Tim Willits is coming out on stage to talk about how much he loves talking about Quake: Champions. Competitive, arena style first person shooter. Looks like per-character abilities. Undoubtly using the finest ioquake3 engine fork. More seriously Tim Willits is talking about the technical details in that it’ll support 120hz framerates and responsiveness.
Tim walks off stage after announcing that there will be more info at Quakecon. Haven’t been since 2008, wish I could go.
Pete Hines is onstage now to let us know about how successful Bethesda has been at making and publishing games.
Pete Hines is talking about The Elder Scrolls: Legends, a CCG. There’s a trailer Wake me up when it’s over.
It’ll be coming to iPad, Mac, iPhones, and shitty Android tablets.
A trailer demonstrates Fallout 4: Contraptions, which is going to add elevators and all of the components you need to build a rube goldberg machine.
The trailer moves on to Nuka World?! A theme park in Fallout 4?
Video continues on to Fallout: Shelter coming to Windows later on.
Skyrim is getting a big overhaul, graphically, and mods will be on the new console versions of Skyrim: Special Edition. As rumored. Out October 28th 2016.
Here’s that long video:
Raphael Colantonio is here from Arkane to talk about another project they’re working on. He doesn’t get very far in before we’re watching a trailer for a game that looks to have a time travel component. Somebody named Morgan keeps waking up in a kind of short groundhog day scenario. Every time he looks in the mirror things change back and it’s actually Prey. Cool.
Raphael is back to tell us a few details and that the game will be out next year for Xbone, PS4, and Windows. More details at Quakecon.
Marty Stratton from id is trapped in a pre-recorded blurry tan office world. He’s talking about Doom and thanking everyone for making Doom a success. Snapmap is done taking a snapnap and will receive a bunch of new upgrades, all will be free. He’s talking about two new multiplayer maps now. They’ll be free. He’s also talking about the first paid DLC coming to Doom multiplayer which will add new game modes, a weapon, and more.
Pete Hines is back to tell us that you can now download the first level of Doom for free on Playstation 4, Xbox One, and Steam. This week only.
Matt Firor is here to talk about The Elder Scrolls Online MMORPG. He’s talking about how the game sold, how the community is doing, and leads us into a trailer. If I don’t make it out tell my wife I love her. Tell my son I’m glad he can never kick me in the balls again.
On June 23rd ESO will launch into Japan. Some people in the crowd are way too loud. The Dark Brotherhood DLC will be out soon and a launch trailer plays. It looks fine, but this voice over is kinda bad? “Sweet mother” over and over again as gravely voiced dude narrates. Some guy gets stabbed in the nuts. A Hans Moleman production.
This is pretty cool. ESO gets this “One Tamriel,” players will be levelled to match the content they’re playing. So you can group with your friends once they get out of the tutorial and play together. Very, very smart move. I’ve long been frustrated by online RPG systems like in The Division where if you’re not at the same level you’re either dragging the team down or gliding through and trying to keep your buddies from dragging you down. I can’t praise this enough.
Pete Hines is here to tell us about refreshments and Blink-182.
Pete tells us about Bethesda VR. Holy shit he references Doom 3: BFG. The VR version of which never shipped due to Bethesda being butthurt over Carmack leaving for Oculus. Whatever happened with that lawsuit with Oculus? Anyway, you can take a “virtual tour of hell” or Fallout 4 in VR. Bet they won’t be using Oculus headsets! Ah Fallout 4 is coming to the HTC Vive in 2017. Exciting.
Harvey Smith is on stage to tell us about Dishonored 2. I loved the first one, not super excited for a sequel yet. We’ll see if Harvey can convince me. “Welcome back to the Empire of the Isles.” Harvey narrates the video. A camera pans through the streets. The engine has some big upgrades to audio and graphics. It looks more detailed. They’re calling it the Void engine. Name almost doesn’t matter since it won’t ever be released for others to use.
Harvey Smith is talking about who Emily Caldwin from the first Dishonored has become after she has grown up. Corvo is her father? Must have forgotten that from the first Dishonored. It looks like we’ll have the option of playing as Emily in Dishonored 2 and the in-game trailer is from her perspective. You could choose to play as Corvo, still.
More in-game footage and Emily is owning some fools. The weather changes, Emily comments on it and Harvey tells us that many machines are powered by wind. Emily turns off a turbine that was powering a field of light (forcefield to you and me) so that she can progress. The skill trees are new, as are many of the abilities for Emily.
More skillful murdering. There will be some time travel business in another level where you are inside a mansion that blocks your abilities. You can swap between two different timelines using a device that also allows you to view whats going on in the other timeline. So you could walk through an area, see enemies in the alternate version, and then step behind them so you can murder them.
Release date is November 11th, 2016, for Windows, Playstation 4, and Xbone.
Harvey Smith bids us goodnight after introducing a more traditional gameplay trailer. I like the cover of Fleetwood Mac’s Gold Dust Woman You can watch that here:
Pete Hines is back. A collector’s edition is announced with Corvo’s mask and Emily’s ring along with over items. Pre-orders will temporarily include a remastered version of Dishonored 1 including all of the DLC.
Pete gives us a live stream look in on the teams at various studios and thanks them for their work. Nice way to humanize the company.
Pete bides us adieu as the showcase ends and we’re returned to Adam Sessler who is interviewing Matt Firor for the post-show.
My major disappointment is that id software will probably never release source code again without John Carmack. I wish their split had been amicable. They’ve been surprising us lately with the quality of Doom but I don’t know if their parent company would let them release source or if anyone at id has the will to fight for it. We’ll never see a Brutal Doom 2016 or anything like that without code.