EULA are dubious at best, and almost certainly couldn't be used to enforce resale limits. Just for example, what if I bought a piece of software; declined the EULA and placed the open copy on eBay. Now companies could require you to sign an agreement before purchasing the software, but they won't, because it would hurt sales. Consumers would be reluctant to enter into a legally binding agreement before making a video game purchase.
The supreme court disagrees with you about the copyright holder retaining all rights on each copy sold. The copyright holder retains the rights to the intellectual material, but they do not retain all rights to the specific copy sold.
Again software isn't special, just because I can buy a tv doesn't mean I'm entitled to reverse engineer all the patented technology inside said tv. That's why we have copyright and patent law. All these hypothetical arguments are already covered under current law and have nothing to do with why it's right or wrong to buy and sell used games.
This comment was edited on Mar 28, 2010, 10:32.