EULA agreements are thrown out often in court as are ToS. Those don't supersede the laws. The problem atm is that corporations are trying to claim games are SERVICES even though you buy them and download them and they run off your hardware. Imo, the only "service" part of WoW or SC2 or D3 or whatnot is the use of Bnet and that's prolly part why Blizzard is forcing all their games to connect to Bnet now to be used even for single player, so they can claim it's a service.
Book authors do not get a cut of used book sales.
Painters do not get a cut of used painting sales.
Sculptors do not get a cut of used statue sales.
Car manufacturers do not get a cut of used car sales.
Musicians do not get a cut of used CD sales.
... and that's all good and proper.
There is a difference in all of these things.
Movies don't require movies to sell on dvd/blu-ray as much of their sales come from box offices, pay-per-view deals, and cable tv streaming.
It doesn't take as much money to turn a profit on [insert activity here] as it does a video game development
I can't disagree with you more. There is no difference in any of these things.
If they can't turn a profit then video game developers have to make games cheaper or stop betting their entire companies on individual products. They need to rethink their business model. There are plenty of examples of games that are making a profit without changing the basic principles of ownership law. And that's what we are talking about doing if any third party is entitled to a cut of a used property sale. It's a very dangerous and far reaching line of reasoning. It's fundamentally wrong both in a legal and ethical sense. Digital or not, it's irrelevant as property is property regardless of form.
I wonder why nobody brought up the real topic here: prices.
People pay $40 on a game and then sell it for $20 or something, which make their
true cost $20. They couldn't play it for the true price, so someone gave them the
possibility (by selling the last game for a credit) to pay the next one. Some people
do it, some seem not to care (in a sense of disposable income).
I think the best way steam could handle digital resale would probably be through a kind of re-purposing of the already existing steamgifts just have contributors earn some kind of benifit for putting their game on there. they could even change the point system so that people still gain 1/10 of the points required for a game each time a new giveaway is added but they could make them do a survey or watch an ad every set amount of points or entries so that they wouldn't lose as much money.