Finally some good news! I’ve been waiting for quite a while for such a ruling.
Edit: Seems this cites an article from 2012, I didn’t notice that (and it’s still news to me). Though there’s still hope that it’ll happen, EU is slow, but usually eventually gets shit done.
The same thing that’s stopping you from downloading the files now. A combination of ethics and the value legitimately owning the game adds to your purchase.
Yeah, you could already pirate it today. You could even buy it, copy files and refund it, but you probably don’t.
The ethics get muddier for your average person, though. Piracy is (to a good chunk of people) clearly wrong: there is something someone made that most people had to pay for and you’re getting it for free. That’s not how things are supposed to work.
With this, you are still paying money for the game, it’s just cheaper, but games are cheaper when they’re on sale, too. I think a much larger group of people will make use of “used” digital games without giving a ton of thought to the fact that the game creator is getting less than those who are fine with pirating games. On top of that, ethics aside, one of those activities is illegal and the other potentially legal, which does affect how people make decisions as well.
I don’t think buying used is unethical if the law establishes that, just buying to download and immediately resell, which I don’t think that many would rationalize as any better. I think the people most likely to do it are people who pay to pirate now who might pay a little for a slightly easier experience.
I fully acknowledge that it’s a grey area, but I’ve personally always considered resale of digital goods (goods which can be obtained purely digitally, even if sold in a physical medium) to be unethical, although legal. If I’m going to pay money to it, I want the money to go to the person who created it, not to someone else who happened to purchase it or, worse, some company that provides no value other than encouraging those transactions.
To me, resale on physical goods is ethical because there are two core differences with those which could be acquired purely digitally. Physical goods degrade with use, providing reduced value compared to new goods. And it is better for unwanted physical goods to continue to provide value for someone than for it to enter a landfill.
My guess is if that happens, studios will choose not to put their games on sale anymore or less frequently. Why would they discount the game when the used market is an option. It also depends on the average price of the game used and if a sale undercuts the used market. Lots of variables and there’s opportunity to boost new sales in the form of perks, bundles, exclusive in game content, etc…
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.