You know why Nintendo doesn't whine about the second-hand market?
And don't turn this into some "us vs. them" horse shit, either - the vast majority of my games are bought new because I prefer them as a consumer, but I do not stand in judgement of people who might not buy a game at all save where it's used. The second hand market has been important for as long as media has been consumable. Gaming is no different from any other industry in this.
And no, your consumer rights is the primary issue. Like I said:
If companies tried to discourage these rights through underhanded means, I hope their games bomb.
That's the end of my sentiment.
People also underestimate the positives of the used market to game developers. If books are any indication the used INCREASES brand new sales.
I mean... think about it. A couple days after release gamestop is selling used games for $55.
Well, where did Gamestop get those used games?
From New buyers of course... who sold back their game after a week... for presumibly 1 of 2 reasons.
1) They beat the game.
2) They didn't like the game.
Say you get rid of the used market.... or hamper if greatly anyway
1) Are they going to spend $60 for a new game that they only get less then 1 week of enjoyment out of... knowing they can only get back like 15-20 bucks? Or are they going to wait until they can get the game for half price or cheaper?
2) Are you going to take a risk with that risk being, you lose more then half of what you paid for if the game sucks? May as well wait for it used or wait for it to go down in price to half price or lower.