Is selling a video game before the release date really Illegal?

[kodiak]

Since I used to work in purchasing, there is indeed a contract that specifies how much of a fine and/or other penalties can be imposed. Some contracts actually state that in addition to money, future titles will be witheld. The publisher then just sells extra copies to other retailers making up the difference for pulling out of the offending store.

Secret shoppers are the biggest tool in catching the stores. However, managers and others involved with competing retailers will also be on the lookout. I am not sure about NCAA 06, but in previous contracts, a dated sales receipt(could be a copy) could be turned over to the publisher and they would normally give the go ahead to start selling to avoid unfair advantages. However, that was limited to a direct and specified distance. So if a store in NY broke the date, a store in TX could not break it. Only a competing store in NY, usually within 2 miles, could sell.

ON a side note, the lucky customers who find it and buy it face no sort of action. It's not the cutomers fault that a date was broken.

[dagger55]

Quote: Originally Posted by kodiak

ON a side note, the lucky customers who find it and buy it face no sort of action. It's not the cutomers fault that a date was broken.

[NoleFan]

Quote: Originally Posted by Aaenuel

Straight comedy!!!

[ubernoob]

Nice pic... by the way, sorry for reviving a dead thread... I'll just give you some clarification.

I work at a Best Buy. If we sold a game before the street date, it is a $10,000 dollar fine per COPY sold. Also future titles may be withheld, etc.

Although, if another store in the city started selling NCAA (or any other game) early, we have the right to do so too.

Cheers

[OSUG1]

Quote: Originally Posted by ubernoob

Also future titles may be withheld

Madden would not be sent to ANY company stores for 4 months

[Pared]

Quote: Originally Posted by SoMiss2000

I'm still trying to figure out how the developer would find out. I guess if people didn't post where they got the game, it would be cool.

If the company wants, I'm sure they can ask for sales receipts and the such... a store needs to keep track of inventory, and large franchises won't risk ruining their book balancing just to make a few sales a little early, esp. when their net isn't that big to begin with...

[sammyc521]

They reason why this is a big deal is for fair competition. I worked in the furtherest northern store in my state and our competition was Wal-mart, Target, Bestbuy, EB Games and Gamestop [where I worked].

Because we were so far north, the closest competition outside of the city was in the next large city 20-30 miles away. Now, if all the retailers had signed a contract saying they would all wait until the street date to sell **said game** but one retailer didn't wait, it would be an unfair advantage for the other stores to attract customers that may normally go to my store to buy their games. Because the other store is 'stealing' my customer by selling a game early, my competitor is getting an unfair advantage.

Or better yet...let's say UPS/FedEx delivers my games at 5:00 PM while they deliver EB's games at 10:00AM... If they start selling the game early, they have 7+ hours to sell before I even get my games... another unfair advantaged.

While this never matters to the gamers, it matters to the guys writing my paychecks because my pay is directly related to how sales are doing. If we aren't selling, then I'm not working and not getting paid.