They should just do what the film industry has profitably been doing for years: include a download code inside the box of a physical copy. That way they still offer the convenience (and retain the after-market control) of DD without taking away the consumer's rights regarding their physical products.
The downside for the publisher is, of course, that they are selling two copies for the price of one, but this model Is also a CONSUMER-FRIENDLY way to deter used sales. After all, when someone considers buying a game used, they'll have to consider that the download code has probably already been used. Unlike online passes, which used a similar system to limit access to certain parts of the game to new buyers, this would allow used buyers access to all of the content while heavily incentivizing us to buy new so that we can access the game in whatever method is convenient to us.
In short, they take a bite out of used game sales by offering additional convenience to those who buy new, and our experience when it comes to buying used items remains the same as it has for thousands of years of human civilization. Seems like everybody wins to me.
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