This is why there are different categories for condition and the classic move of crooked flippers listing <Like New items as "Brand New" led to these specific categories and for a window to pop up in your face when you choose one, so you can't claim ignorance later on.
Brand New
An item that has never been opened or removed from the manufacturer’s sealing (if applicable). Item is in original shrink wrap (if applicable). See the seller's listing for full details.
Like New
An item that looks as if it was just taken out of shrink wrap. No visible wear, and all facets of the item are flawless and intact. See the seller’s listing for full details and description of any imperfections.
It doesn't matter if Takahashi Meijin, Johnny Turbo or Dr Gougemilker opened up a sealed game at one point and wiped their ass with the manual before throwing it away. That opened and incomplete game is not "new" or "brand new".
Dr Orangejuicer however chose the appropriate category of "New: Other". I can't be bothered to read his description, but from the comments here it sounds like it matches the categiry.
Technically, he shouldn't be using "New" for his NOS which doesn't have mint packaging, but I think it's fine as long as the wear is mentioned in the description.
