Red_Avatar: ....
In the end, the publisher isn't going to get any more money because of this - the perceived value of the game drops massively once you can't resell it. Only for those who never intend to sell, the value remains the same. It's a very big error made by publishers who will then blame piracy for the drop of initial sales (which are the sales they focus on the most).
That's what I think too. In first order approximation it does not matter if you have second hand sales or not. So the whining of the industry about how bad second hand sale would be is greatly exaggerated.
But here are some more arguments pro second hand sale:
- less risk for the customer in case, the game is really bad, he can still try to sell it again
- greatly prolonged availability, even long after the company does not sell the game anymore, you can buy it
- you can inherit them, something you normally cannot with licenses which are typically bound to a person and expire with death, while resellable things cannot be bound to only one person
Red_Avatar: In all of the EU actually. You have the legal right to make a backup of your media - this is why stuff like a Nintendo DS supercard is deemed legal, because it can be used to play backed up games. It's logical since you own a license of a game - the media on which it comes is just the means of delivery. You always keep the license even if your DVD gets scratched for example. Except if you buy a game on Steam, of course, since Valve made it so you own a subscription there instead which gives you far less rights.
However, while creating the backup at least in germany it's not allowed to circumvent any copy protection. So this rule cannot be applied in many circumstances. sadly.