Trilarion: In my opinion:
The original reason and justification for the second-hand-market was, that its much more efficient to not produce things anew everytime, but use them again, therefore kind of increasing their usage time. Also people had another view upon the term property. Owning something means, you can sell it as you like.
For pratical reasons the second-hand market on physical goods will hopefully be unharmed for a long time to come.
However, with digital products like movies, books, music, video games, its different. They cost nearly nothing to reproduce. So renting instead of owning is a possible business model. I see no legal objections against renting.
I would see it as a task for the customer to stop buying consumer unfriendly deals. You don't really need these products for everyday life, so only buy if you think, the price is worth the value.
However there are two bad things, which make me think:
- Public libraries have an important function in delivering these products to everyone who cannot afford buying for themselves. This possibility must remain.
- Some products could be artificially be limited and even not be available anymore at all, if the second-hand-market would not be exist.
Therefore I would call for some kind of regulation and limiting the possibilities to restrict usage.
My proposal:
- from 2 years on after a release, any digital product can be sold on the second-hand-market
- public libraries are allowed to break the copyright of products to some extent for their specific purpose
- consumers continue buying only where they think they are getting their money's worth
How does that sound?
You're problem is you're trying to meet these guys halfway. Half the time they want their stuff treated as real property (when it's most convenient for them) and the other half they want it treated as a special class of "intellectual property" (again, when it's most convenient for them). They don't get to have it both ways, screw that, it's anti-consumer in the extreme. There isn't any limit to reproducing this stuff and we better figure out how to deal with it now, 3D printers are coming and pretty soon real property will be able to be reproduced nearly as easily (though it will take some minimal raw materials).