"In 2012, the Court of Justice of the European Union (ECJ) held in UsedSoft GmbH v. Oracle International Corp that the first sale doctrine applies to used copies of [intangible goods] downloaded over the Internet and sold in the European Union." [0]

Arguably the U.S. courts are in the wrong here. We can only hope first sale doctrine is extended to digital goods in the U.S. in the future, as it has been in the EU for over a decade.

[0] https://scholarlycommons.law.northwestern.edu/cgi/viewconten...

It's a tough issue to correlate to physical goods, especially when you realize that people sometimes donate books.