Millennium said:
The used games industry doesn't hurt the industry at all, because the industry has no right to prevent resale. This works exactly like any physical product: if you buy, for example, a couch, the maker of the couch cannot prevent you from reselling it, even if that might "deprive" the maker of a further sale. No one would argue that this hurts the furniture industry, which faces far greater manufacturing costs than the game industry does; therefore it does not hurt the game industry either. The entire point of the first-sale doctrine is, much like the rest of copyright, an attempt to make buying and selling intellectual property as similar as possible to buying and selling physical property, and that is why resale is fair use. But this also extends further: a furniture maker cannot prevent resale, but it (and its associated stores) can take steps to prevent theft, which does hurt the industry, just as the theft of games does. |
There's a difference. Software doesn't deteriorate as physical objects do. So buying an used game and a new game are almost the same thing, the difference is that one is cheaper. In the other hand, a couch will deteriorate over time. And you don't see people "Hey, I bought this couch and I finished it yesterday so I'm selling it!". And you wouldn't download a car :)
I'm just rambling.