They may open a copy, and put it on the floor if it's the only one left, as the display copy. And keep the guts/contents in the cabinet.
Technically, it's still new, but eh... I had some kid get really upset when I sold him the gutted copy of some weeaboo game, that literally came with a waifu pillow case. --- "Chainsaw go bzzzz" ConeZone Xbox Live GT:Gene StarWind90
Don't know about that. But I bought deus ex "new" even though it was open and I couldn't return it.
The only reason you wouldn't be able to return it as 'New', is if you took the circular piece of tape off the side, and didn't have your receipt, which states 'New copy'. --- It's like a koala bear crapped a rainbow in my brain.
Sure, they gut a copy for display, and still sell that game as new. Honestly, this stuff isn't that outrageous unless you've got some extreme social anxiety.
"Hey, do you still have a sealed copy?" "This is as good as new sir." "Oh, no thanks, I'll get it elsewhere." --- http://www.bewaretherobotsquad.com/p/headcase.html http://i761.photobucket.com/albums/xx259/headwoundss/129167586636177506-1.gif