"Not for resale"

Factual Questions
1

When I recently bought my Playstation2, a new game was included (ATV Offroad Fury 2, if it matters). Its not really my type of game, so I was thinking about selling it on Ebay to alleviate some of the cost of the PS2 system. Since it’s still sealed, it makes it all that more valuable to ebayers.

Here’s the question: printed on the bottom of the cover is “NOT FOR RESALE”. Ehh…Is that a rule or a suggestion? I assume the message is just meant for retaillers not individuals. Am I correct, can I sell it?

2

Yes, it’s yours. You can sell it.

They don’t want retailers opening the box and selling the game separately.

3

That “not for resale” only applies to the retailer. The “first sale” doctrine allows you as a purchaser to do whatever the hell you want with it, including selling it on Ebay.