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The issue with resale of digital content is that there is no discernible difference between new and used.

Why would anyone ever pay full price for a "new" game if there were "second hand" copies that were completely identical to a new version available for less?

I don't care about EA or Activision losing out on that 10th private jet, but second hand sales would absolutely hurt small creators doing great work.

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One way to be fair to stores is to not require them to host the marketplace for buying and selling the used copies. People looking for "used" copies of movies and games would have to leave the official store and use third-party web sites to buy and sell. This creates a layer of inconvenience which would level the playing field somewhat.

Another way to improve fairness to stores could be to allow them to charge a "transfer fee" of perhaps 5-10% of original MSRP for transferring any used content.

Used sellers can’t create new copies of the game. Used markets have more of an impact on retailers and dealers than on manufacturers.

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