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I ordered a copy of Pokemon SoulSilver on ebay at a price that seemed almost too good (specifically this one) to play on my 3DS XL. At one point when I was checking the tracking I happened to look at the listing and see the seller updated the listing with "It cant work on 3DS." in large red lettering

I thought that this was likely a sign that the copy was counterfeit and would only work on the older, less secure hardware. I decided to wait until I got the game to check. Today I got the game, plugged it in and to my surprise it booted. I did not get passed the title screen or play any as I was short on time.

If the game is counterfeit what (if any) repercussions would there be?

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As a seller of used games:

The games typically function as normal. Longevity is the concern. They're more prone to damage, data loss, etc.


If it's a counterfeit and you are US based, don't panic. In the US it is illegal to mail counterfeit goods. Just tell the seller "Unfortunately it looks like the game you delivered is a counterfeit due to X, Y, and Z (don't blame or accuse them). I'd like a refund." If/when they ask you to return the game inform them "Sadly, It is illegal to mail counterfeit goods in the US. I still require a refund". Escalate as needed. You'll get a refund and still have the game to tinker with. I speak from experience :P

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  • True. And most sellers of counterfeit things will avoid confrontation at all costs, so when you ask for a refund they will likely just grant it. We used to buy auction lots from businesses closing doors and have found so many counterfeit units it became a game looking for the obvious "engrish" somewhere on the packages. And as such, when we sought special orders for customers, sometimes they would arrive and we would spot the counterfeit immediately. Nobody ever resisted the refund. We always played them in shop though and typically they worked fine. The ones that didn't wouldn't even load.
    – Kai Qing
    Commented May 26, 2017 at 23:19
  • eBay actually has specific counterfeit goods policies that can be read here. It seems to heavily trust the buyers and I've heard of very expensive violins being trashed this way with no real investigation...
    – Nelson
    Commented May 27, 2017 at 4:33
  • Yeah eBay (and PayPal as an extension) are very pro-buyer. Which is good, it builds trust in the platform. Unfortunately is does mean sellers are at a risk of being scammed out of perfectly fine merchandise. Commented May 27, 2017 at 13:17

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