I don't think it qualifies as new. The game came to the store sealed. This is a case where publishers are too cheap to send some promotional covers for games and where game stop is too cheap to make some promotional covers. No one wants to spend the small amount of money to make some fake covers. Personally, if I am buying the game I want it to be new and even more so from a company that sells opened an used games for cheaper. Employees can take the games home and play them. That makes them used so how can you charge them as new?

For the sake of argument though, when you go to a car dealership and buy a new car, it has more than most likely been test driven a few hundred miles and when you buy you consider it new. I know this isn't exactly apples to apples but our concept of new can be a bit malleable at times.

Whatever, don't shop at gamestop.