European Courts have ruled that it is legal to resale digital software licenses:
Buying and reselling any form of digital software is perfectly legal, the Court of Justice of the European Union has ruled. Software authors – or in the gaming world, publishers – can not stop customers from reselling their games, even if the publisher attaches an End User License Agreement prohibiting resale.
“The exclusive right of distribution of a copy of a computer program covered by such a license is exhausted on its first sale,” the court has found.
This ruling covers customers in European Union member states, and games bought through services such as Steam or Origin. […]
Okay, so I do know when it happened: July 3rd, 2012. But… who… when… huh? That is damn near a year ago. Has anything gone forward since then?
I mean, the absolute latest news was April 2nd, when a US District Court stated that reselling iTunes songs violated copyright laws. Conversely, buying textbooks from Thailand and selling them in the US for profit is legal, according to the US Supreme Court. As is streaming TV service Aereo, for that matter.
Looking at that European ruling again, I would actually say there wouldn’t be any contradiction in reselling a license. You aren’t copying any files, you are merely removing your own rights to a digital good and granting them to another… and they’re the ones downloading it. Hell, in an always-online-esque DRM scheme, such a transfer would arguably be the safest for the publisher considering the seller literally cannot access the game anymore (as opposed to the honor system when it comes to reselling music CDs).
Obviously every publisher everywhere would fight tooth and nail against this breaking of their digital monopoly, just as companies like Microsoft (and Sony for a while) contemplate ways to smother the used game market. But the question of licenses has yet to be settled, and I am inclined to show uncharacteristic optimism in this regard. Most people would not look at playing Halo at a friend’s house as piracy or consider yard sales as theft, and yet that is what these companies would want you to believe.
Personally, I think it is only a matter of time until logic and common sense forever strip the asinine “you don’t own a videogame!” argument from corporate apologists everywhere. Physical game or license, you nevertheless (should) have the right to sell it. Nothing less makes sense.