http://www.joystiq.com/2011/12/03/ea-online-pass-can-expire-for-new-game-purchases-but-it-should/

A NeoGAF member posited that his new copy of EA's Need for Speed: Hot Pursuit contained an Online Pass that was expired, blocking him from accessing online content -- others on the forum came forward with similar stories, suggesting that EA's disclaimer covers this clause and he was out of luck. Since blocking new-game purchasers from using online content seems like an unproductive move (even) for EA, we asked an EA Advisor for clarification on its Online Pass expiration policy.

EA's Online Pass can indeed expire for some new games, blocking buyers out of online content until they download a new pass or attain one from EA directly, EA confirmed to Joystiq. As a rule, no Online Pass should expire, but a few titles will have a time limit on their use, even for new purchases, EA said. Dragon Age 2, for example, has an Online Pass that expires on March 31, 2012, according to EA's EULA description. Re-downloading or getting a new Pass is free, EA said.

This still seems like a strange extra step for EA to infuse in its new games, and we have contacted EA more directly for further clarification. Until then, maybe you shouldn't wait until the holiday tear the shrinkwrap off that copy of Dead Space 2.

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Well that's a bit fucked up.... so when I find a new copy of a game months after it's release I'll have to wonder if the online pass has expired? that's crazy..
"Re-downloading or getting a new Pass is free, EA said." how do I proof that it isn't a second hand game?

To be safe I should probably start buying my games used.

My understanding of these online passes is that they're tied to your gamertag/psnid/whatever. If you go over to a friend's with this game, and log in to your account, the pass will still work for that account. For this to work, EA needs to have a database which contains all of the passes which are assigned to gamertags. When contacting EA, and quoting the pass code, they should be able to query the database as to whether the pass code has been assigned to an account.

If somebody was able to use that passcode, somehow, before you purchase the game, then you'd be out of luck, and would have to try to convince EA that you definitely bought the game first hand (via receipts, etc). I don't know if this would be possible, do keygens exist for these types of codes? Dunno.

The decision to have pass codes does seem like an odd one, though. Unless they really are worried about running out of codes, someday. Alas, it's probably just a tool to make more money, as those who aren't aware that they can claim a new, free code, will probably end up buying another pass code, or so EA assumes.

That would be terrible if online passes start expiring. Its not fair if you buy a new copy of a game 6 months after release and find the online pass doesn't work, you may as well have bought it used.

i donno , maybe buy it new?

Soon you'll no longer be able to tell new from used in Gamestop, so that's out the window. Unless you buy online