I did not read this in it's entirety. However, you can not resell a pc game if it includes an installation key for activation with an online account. I buy a computer game, install it, enter the install key to my online EA account, or whatever account it requires. BOOM, can't resell or transfer. You are buying a licensed copy of the software, if you accept the EULA that specified ownership is nontransferable that is it. I assume they can do the same for console game software.
I think that first sale doctrine applies more to tangible objects, not software. I am sure there has been numerous suits over this and that wikipedia article mentioned a few and that were appealed as well. If you buy a disk with a game on it, sure you own the disk, but the data on it might have limitations. As soon as you accept that EULA that specifically states no resale that is it. Sure you could sell the disk to someone as a coaster, but the ability to play that game might have limitations.
would you rather then ditch the online pass and force you to register the game with your PSN or Live account, not allowing you to ever sell the game? That way they are not making money on you again, but it would force everyone to go buy a new copy? I am willing to bet that is where this is all going. Like I said, PC gamers had to conform to this years ago. It's the console's time. Do I think this is good for the consumer, No. Do i think this is wrong, No. Do I think they are doing this to make money, Yes. Who knows, it might cause people to buy less games forcing them to bring down the cost from $60 to $40 and everyone