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.
Physical games degrade. They can get filthy or stop working. I’m talking about reselling digital games. If I want to play for example the last of us, I would have zero incentive to buy a new digital copy if I can buy a resold licence from someone who already finished it for a much lower price.
On top of that, digital games also don’t have to deal with actually needing to transfer between buyer and seller. You don’t need to meet up or send it by mail. It’s an instant transaction that has a much larger pool of sellers and customers.
its also a transaction that a native game sellign service can setup to allow for a cut of profit if trade is done on the site, which could give devs a tiny bit more money. if the threat of additional aftermarket sales didnt threat when its physical, then why did devs make physical versions of the game. Theres always some room to debate what ifs, but it doesnt stop the fact that resell of physical did not stop devs from wanting to sell physical, and you can’t automatically apply it to digital immediately either.
a e-tailer can choose to create an easy to buy system and then charge some % of the selling fee ala gamestop, and choose to also redistribute some of that fee to the dev if the platform wanted to get on the devs good side after obliging to said law. a lot of things can happen and its not wise to automatically assume the worst outcome.