Owyn_Merrilin said:
Or go into a Best Buy and try to buy a TV that has been used as a display unit. In both cases, the open item is going to cost a lot less.
The example isn't correct.
The display TVs HAVE been used. Turned on, people grubbing fingers all over them, looking at them, using them. I used to work at an EB Games (Or Gamestop, if you prefer), and we would open boxes of new games in the back that ere to go on the shelf. We would then immediately seal both the disc and the box separately, to ensure both the quality of the disc, and the quality of the box and it's contents. This is strictly an anti-theft measure.
Someone pointed out that Walmart sells them used: that's because they have locked display cases. You can't look at the game box at all, unless you find and get a store employee to get the keys, and open the case, and stand there while you look. That would take a ridiculous amount of manpower and wasted time in a setting like a EB Games. Flat out: It wouldn't work.
The game itself is not 'used', as it hasn't been 'used'. It's open, no question. But not 'used'. 'used' implies, well, use. As well as previous ownership. None of those things have happened. It's been opened, and it's been resealed. Not used.
However, I 100% 'get' why people want a sealed game. I really, really do. I prefer it, myself. So then just refuse the game. Go buy it somewhere else. Online? Walmart? Another store? If it's not sealed, nobody is forcing you to go ahead with the purchase. Just get it somewhere else. The business practice isn't illegal, it's not unethical, and it's not unreasonable. Is it the best solution? Probably not. But it's what they are using, and you as a consumer have the right to say 'I'll take my business elsewhere'. Because unless shoplifting suddenly totally stops for some reason, it's not likely going away.