mechmouse: Both US and EU copyright laws have been overhauled in order to unify how the laws work and the languaged used. Once on a computer (not my tablet) i'l find the pertinant laws.
The last germany vs valve law suit really annoyed me. In dismissing the case under the grounds games may not be software the judge really messed up. Its goingbto take years of court cases before this mess gets sorted.
The case before, a different judge ruled the game licenses are transferable but valve shouldn't bear the costs of doing so.
I've found the Directive used in the USedsoft/Oracle case
Directive 2009/24/ec
[url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:111:0016:0022:EN:PDF]http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:111:0016:0022:EN:PDF[/url]
Article 4, point 2
2. The first sale in the Community of a copy of a program by the rightholder or with his consent shall exhaust the distribution right within the Community of that copy, with the exception of the right to control further rental of the program or a copy thereof.
I'm aware of the Oracle case but as you also pointed out, they tried to use that specific case in court vs Valve and the court specifically stated that it does not apply to them, and alluded that it may not even apply to games at all.
I'm a little biased as I personally am happy with the current sales environment we have. All you have to do to get a game cheap these days is just have a little patience and the prices will go down (sometimes even to bundle levels).
I personally think if digital resale is ever enforced any benefit we'll gain out of that will be stripped by publishers changing their sales practices, higher prices, far fewer sales/price drops, subscriptions instead of sales, tiny base game + tons of DLC etc.
It's not realistic to have a second hand sales environment where the resold product is in no way inferior to the store bought product. As long as there'd be any copy available for a cheaper price than the store there'd be no reason to buy the storebought copy.