everyone wrote on Mar 28, 2010, 06:47: The fundamental fact is that a copyright holder is legally able to produce as many or as few copies of their work as they wish and sell those copies under any terms they wish. But once a copy has been sold they relinquish all rights to said copy, unless otherwise agreed upon contractually. Copyright holders already have legal protections from people making additional copies of their work, that argument is a red herring when discussing used game sales.
In software, the copyright holder keeps ALL rights to the the product. With games specifically, almost all EULAs I've seen allow the purchaser of the software to transfer 'right to use the software' at least once.
Remember that even though you bought the disc, you don't own the software OR the content. The EULA basically states that you bought permission to use the software under certain terms and that those terms can be changed or terminated whenever the copyright holder feels like doing so.
I really like buying/selling used games. So I don't have a problem with it. The game publishers hate it because they are not seeing the second sale - but like the RIAA - they want to have their hand in the till every time the drawer opens.