You'll find this is a highly controversial topic here on the HTF. Although we do have several members who work in establishments that regularly price technically "pre-owned" or "used" games as brand-new, there are also large pockets of users who strongly support this practice because it keeps return policies somewhat liberal. (many of the members here are gamers who like to utilize the return systems to the full extent)
You will find there are "collector" camps who want their games never-before-opened ("new" is "new"), and there are those who simply want the games to work, whether they've been previously owned or not. These conversations generally degrade into philosophical "tree falling in the forest" discussions about what constitutes "new" -- if you don't
know someone owned it (if you hadn't seen that pesky thumbprint) and the game works, have you in fact been the victim of bad business? And isn't it morally questionable on some level, even if it isn't illegal? (and that is a whole OTHER discussion)..
I've found most of the population here, or at least the most 'vocal' population on this topic, tends to support pre-owned games being sold for a new price.
Good luck, heh!
~s