Quoted from xTheBlackKnightx:

Words of wisdom, but not against prices or inherent values or lack thereof:
Potential buyers understand the industry.
Understand what you are buying.
Stop feigning ignorance, or being uneducated.
Don't cry "foul".
The warranty process has to change, if you want things to improve as "home consumer electronics device", if this remains the primary market for sales.
Otherwise, you accept the risk, not the manufacturer.
People cannot take anyone in this particular case to court and win either, as a buyer it was accepted the contract within the bill of sale, even if sold aftermarket, or by second hand private owners.
In fact, you have an even WORSE case, than if you bought it from the factory or distributor up front.
A manufacturer "owes" you NOTHING.
ALL NIB games sold by private owners are "as is", "no additional warranty implied", unless an agreement is reached beforehand.
Crack the seal on the box, and it is yours, unless it is a complete disaster in shipping, or a hot mess in the box.
Perhaps this game is still be "moderated" by the distributor, but I have no idea.
Distributors are not always equal in terms of "shielding" or "protection" to a manufacturer, but they do try their best.
This game could be considered "out of tolerance" for the two warranted items as well, but since it is still at the factory, that is not an argument Stern would likely pursue as it has not "shipped" and the clock starts ticking.
If people believe that this is not happening anymore and people all understand, the misinformation is rampant beyond website barriers.
GLWS