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Gamestation here in the UK tried to do that one with R2, I must have "retarded cancerous turd" written on my shirt because the disc looked like it had been scewed by a dog yet tried convincing me that it was new.

Always purchase games online to guarantee they are new and simply give your PS3 back and get a replacement. These companies are always hoping some poor soul does not know it is used and are stuck with a used faulty product which they paid full price for.