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Purple said:
Adinnieken said:
Purple said:

How much cheaper would games have to be for you to be willing to renege all rights to sell it second hand?

Is there anything other than a discount that would make prohibiting second hand sales okay?

You don't relinquish your rights when you purchase digital content.

This is already established in case law, both in the United States and Europe.

You may not have the ability to deal with any party you wish to sell to, such as through Craig's list, eBay, or garage sales, but you still retain the legal right to lend or sell a license through any means provided.

I don't know much about the legal side of things, but I consider being able to sell on any product I purchase a fundamental right of ownership.

I wasn't suggesting that you should consider otherwise. 

In fact, EU courts even agree with your position.

Other than the courts themselves, Microsoft is in the best position to establish how those processes should work.  They have the financial ability, they have the retail partner relationships, and I'm pretty sure they aren't lacking in consumer input. 

There is no law that says a copyright holder that uses DRM must facilitate your rights to sell or lend a licensed piece of content.  However, judges have interpreted that you still have the rights assigned to you under the first sale doctrine.  That is, the rights of the copyright holder cease in regards to fair use and secondary sales after the first sale.

For its part, it sounds like Microsoft is facilitating this.  It will allow people to lend games, as well as "give" them away.  Likewise, it appears it is working on the means to facilitate trade-ins with certain retailers. 

I'm personally not someone who trades in games.  Nor do I routinely buy traded in games.  So I don't have a big stake in whether or not that happens.  Those who do should let Microsoft know what they expect or want.