precipitate8: Just because it got to where it is to day on yesterday's practices, doesn't mean we can get to tomorrow that way. Sure, we could survive with a second hand market, but it contributes to stagnation. A secondhand market that drives a first primary market by recapitalizing consumers is fake growth...like a snake slowly eating itself. Some companies will try to maximize short-term profits at the expense of practices that make them not survive long term. That's why they die and give up their market share to survivors.
Except the kind of movement your proposing kills the entire industry - it doesn't leave survivors because your proposing that we adopt a system in which the secondhand market is not possible to have - something that as orcishgamer and Darrkphoenix have explained is actually a net, longterm benefit for the industry. So your driving the whole industry up a hill and off the cliff. The boom-bust cycle inherent in this line of reasoning can be exceptionally dangerous for a consumer society which relies on consumer confidence in the stability of the markets. You assume that the busts are small and that the survivors will quickly take over the markets lost by the bustees, but as we've seen all-too-often (even in the computer games industry - think 1980's E.T.), busts can be large and damage the entire market where it takes a very long time for the entire market and sometimes the whole economy to recover.
precipitate8: The right of first sale is tricky when it comes to software. Do you guys think you should be able to sell your gog purchases to others? How many people would come buy anything from GOG if people were selling thier used licenses for like a dollar a piece? The right first sale works for a lot things, and is an important consideration. I'm just not sure it can work exactly the same way for software. Software doesn't wear out and need to be replaced. There's no 'final' owner, because it can be infinitely transferred. It just really screws up the supply side of basic economics.
Darrkphoenix and orcishgamer covered the most points I would've covered here especially concerning GOG games. I'll just add my voice to their chorus and try to explain it a different way. Yes a used games market can lead to a lowering of the game's price over time. But the current system does as well and the price drop is actually steeper despite the fact that on digital systems like Steam the price drops should not be steeper than the old retail system where they had to clear old inventory. Steam, unlike retail, never has to clear out its inventory so why does the price drop so dramatically so quickly? no secondhand market. Without a secondhand market the digital first-sale markets experiences heavier price drops sooner and becomes as steep, if not far steeper, than the old retail market despite the advantages present in digital media. The used game market actually causes the first-sale tail to be longer than it otherwise would be.
The reason behind this is simple - to buy secondhand you can't just wait for the game to go on Steam sale, you have to wait for someone else to finish the game and decide they are never going to want to play it ever again. If the number of people for that is low relative to the number of people trying to buy on discount, the secondhand market is in high demand which means the price for used copies stays at higher price - people who paid full price for the brand new game want to recoup as much of their cost as possible and no doubt have to pay a further percentage of the resale to some vendor for facilitating the process - and the wait time to buy the secondhand copy increases. This in turn keeps the price of the first-sale market higher for longer which means the company makes more from each sale for longer and doesn't have to rely on huge sales bursts in the first few weeks of release. If the game is terrible and the early adopters are all trying to get rid of their copies, then it is no different than the current system which already experiences large price drops quickly after introduction especially for bad games. Further as already mentioned, secondhand markets encourage early adoption and those important early sales since a customer know that if they don't like the game or simply will never play a game more than a couple of times they can recoup at least some of their costs.
This line of reasoning is not more popular amongst the industry because these are all second-order effects which are harder to gauge and measure than first-order effects. So people tend to assume that they aren't there or aren't important. That's the broken-window fallacy to which orcishgamer referred and is considered to be rampant in business and economics. In that parable the second-order effects were hidden costs in the system, while we're referring to hidden benefits, but the parable holds for either. It is true that the parable can be and has been often misapplied. After all second-order effects are, as aforementioned, extremely difficult to judge and tricky to navigate, especially when there are both second-order costs and second-order benefits and one has to adjudicate which are larger. However, historical evidence and the above logic support that a used market far from being harmful is actually beneficial to the first-sale market and should remain so even in the digital realm. Obviously should the used market prove damaging, one could lose the secondhand market. However as it never has been previously and logically shouldn't be now, it does indeed have to be proven that the used market is a parasite rather than proven it is at least a commensal if not an outright benefactor. The default shouldn't be how to get rid of the secondhand market, but how best to adapt it to the digital age.