It's 100% allowed within the EU, even for OEM licences. There have been multiple court cases about this and microsoft lost every single one. But I guess that's not what you were implying?
Because of some adversarial legal precedent in a major market that would impair them more then the expected benefit.
Microsoft probably is moving away from selling permanent licenses partly due to this, for everything except those to large customers they can individually keep tabs on.
excuse is "games are art, not computer software Oracle vs Usedsoft doesn apply".
> "games are art, not computer software"
That's not the legal interpretation of the topic, no.