Many gaming news sites are now reporting on GameStop's check-out policy that employees have been able to take advantage of. To be specific, one gaming blog in particular questioned the legality of such a policy, to which other sites have now jumped on the bandwagon.

What none of these sites have reported on is that the policy in question has been around for over ten years and that the punishment for breaking FTC regulations? Nothing more than a stern warning.

But what of the policy itself? Could GameStop be held liable for selling checked-out games as “new”? Could GameStop be held liable for simply opening the game cases? Thankfully J.W. has a lawyer friend who practices this stuff. I emailed him the link to the Kotaku story and asked him if there was a case to be made. His answer?

Yes and no.

MaximusPaynicus via bingegamer.net »