I can't really see an inbetween because corporations like Gamestop will get involved in any gray area and mess things up for both the consumer and publishers.
Gamestop is not messing anything up for the consumer. They are offering a service people want for a fee. (an absurd fee in my opinion but some people want to pay it...) Amazon offers it, ebay offers it, craigslist offers it, you neighbor offers it.
I hope people realize there is no gray area, it would break the basic ownership rules that go along with retail transactions if you somehow won a court case that said a EULA superseded a consumers ownership of a product purchased. And consumers would get ass-raped overnight by At&t and apple if that court case won. They'd seize every iphone they could that wasn't complying with their EULA (you can only use it on At&t's network for 8 years? something insane like that).
The reason that gray area doesn't exist is to protect consumers. If companies were allowed to put conditions on ownership of goods sold consumers would basically get robbed anytime the company felt like it. (assuming they wanted to continue to own that item legally)
Movie theaters don't technically sell anything other than a ticket stub, that stub is virtually worthless after you use it one time but you can sell that stub...but who would buy it? But that stub is YOUR PROPERTY. If someone were to try and take that from you, as ridiculous as it sounds, that is theft.
In regard to games the publishers has every right to stop people from duplicating the product and selling boot-leg copies. But they are the ones creating and packaging these stand alone games that function without any outside involvement. (mostly console games now) Once those items are sold there is no gray area. That plastic box, disc, manual, every physical item is the property of the buyer. There is no gray area. It belongs 100% to the buyer. He or she can use that, resell, it let friends play it, let friends borrow it, it's no different than a pencil sitting on the table. It's a physical item, it belongs to the buyer.
Support for the software is another matter. Patches, updates, online gameplay, all those things are not usually just part of the game as they've been in the past and continues to change. Online MMO's, online activation, etc.
Just to summarize. There is no gray area. There is only illusion and deception by publishers and developers in order to try and defraud the public. Any physical item you buy is yours. You can resell it legally in every case. You buy a Xbox live 12 month subscription card. That is your card. You can resell it. You use the code on the card, you can still resell the card. The physical property is not owner with conditions. There is physical property that is owned with condition, Real Estate can only be legally owned if you pay taxes to the government. Cars can only be legally owned if you pay registration fees to the government, but I'm not aware of any product that is illegal to own without paying funds back to the seller unless a contract is signed. Without a contract ownership is assumed 100% when a purchase happens. (In the case that ownership is not 100% you might refer to this as a rental, or a rental agreement? Either way the contract is there to protect the seller as much as the buyer, without a SIGNED contract it's assumed the buyer gets the item 100%.)
This comment was edited on Aug 31, 2009, 13:37.