With the increasing ubiquity of "online activation", the legal status of the first sale doctrine is of decreasing importance, anyway. There is a satisfying (if not practical) way to fix this problem: require that all such commercial licenses, sales, and contracts be between transferable entities. Anytime you have contracts between what are effectively anonymous parties, where the particular individuals are not essential to the transaction, require that the roles in the contract be transferable by whomever owns the rights of that role. In other words, we could fix this problem with a capability based society.