People seem to forget the fact that all these games retailers rely on used games sales to exsist. Take away their used game market and they'll go bust, once that happens, there are no retailers to sell games, and the industry as a whole goes to pot. One day we'll have digital distribution for everything, but that's still a long way off.
The big retailers, Gamestop, GAME, Best Buy etc buy games at ~ $45 per copy for a $60 game. They simply couldn't afford to pay that, or order as many copies of games as they do currently, if there wasn't a used game market to bring them the money.
In my opinion if the publishers did somehow make the used game market illegal, they'd be cutting off their nose to spite their face. Sure enough, people would have to buy new games where all revenue goes to them, but theres no chance in hell retailers would sell the things at the non-exsistant profit margin they do currently.
Piracy doesn't benefit anyone in the games industry whatsoever, whereas the used game market does.