I'm confused what the issue is? There is a orange sticker that says used on it so it clearly tells the buyer that it is not new.

My main concern about it being sealed is I like to look at the disc condition, especially DVD's not so much BR they seem to be sturdy but you never know .  

My local game store tapes the cases so you can't open them. The main reason is so you cannot steal without it being noticeable.

 My game store keeps the discs in sleeves that are filed away in drawers  behind the counter.

They do that for us also, but only for the more expensive games. Most games have tape, probably to leave up space in their drawers. 

So you don't trust sealed copies, and I suppose there's even less reason to trust unsealed copies, if you go down that road. So you just basically don't trust any copies.
I'm sure there are many cases in which your mistrust would be totally warranted, who knows how much preowned stuff gets sold as new.

Day 1 brand new for games I want to collect but otherwise go digital. The games always work and are on my Xbox over a decade later.

I should have mentioned that was for used games so edited it, new games are stored the same except they store the full sealed game and have display cases on the shelves.

They just put sealed games and new systems in a glass display. I also love how they share their new inventory. They also have a $10 per year membership, which includes 10% off all used games, systems, and accessories. Also 10% extra on trade ins. And they have monthly specials for members which could be anything. This month it's buy 1 get 1 50% off on all PS2, Xbox, and Wii games. Sometimes the special month is buy 2 get 1 free on all used games or buy 1 new and 1 used game and get 1 used game free. And your 10% off stacks with this.

There is even a bigger problem but in another industry - when you buy a new car and think that you will be the first who farts in it, actually they have a worker who always does that already on the conveyor.