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EU court rules people can resell digital games
(www.gamingbible.com)
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I think the key part there is that when they disconnect a game they still get (almost) pure profit off that sale. For a used game, they're only getting some percentage of it if the person selling is getting a cut or majority. I think the creator would always prefer sales and avoid the used market at any cost, since it provides them no value and actively hurts their more lucrative sales.