We can try and emulate but there are some big differences between the industries. ..........................None of this makes the emulation easy and as whiny as gamers are (me included) do you really think we could get away with re-releasing games, same year or every year (no snide, doesn't publisher x already do that for their xxxx games), hell most don't even want us to charge for DLC..
I agree with everything you said. I'm just trying to say that if used game sales is hurting the industry, then the industry is going to have to change....not the secondary market nor the laws. There are so many opportunities to make money from your video game other than just the standard formula of releasing a game and hoping it does well.
DLC is one of them. Done
correctly, the publisher should be able to capture considerably more profit than they ever lose to used sales. Right now DLC is viewed by the consumer as a nickle and dime approach of getting more money from us. The paradigm needs to change. Games are released lacking content and then a few months later "the rest" of the game is available for download. The industry needs to change this. If you make a shell of a game...then charge for a shell of a game. Consumers are WAY more likely to buy your DLC if they spent $10-15 less for the game to begin with. Cosmetic DLC (skins, music, game modes etc.) should be ready for download at the same time as a game is released, capitalize on this period of time. Content DLC (maps, add-ons, weapons, quests) should compliment a game...not complete it. They need to be a value added and they also should be available as close to release as possible. DLC is a direct line of money for game companies...there are really no middlemen and the buck stops there...there is no DLC used market. Gamers that pay for DLC are much less likely to sell their physical media. If you are losing money from used sales...then either make up for it somewhere else or trivialize the used video game industry.
One of the major differences movies have over games is that they make millions of dollars before anyone can actually buy the physical media. Games need to do this. They need to make money before they are released. Here are some ideas. To my knowledge these things have never been tried. They may sound ludicrous or radical but like they say, you never know until you try.
Charge money for demos. That simple. $1 dollar...maybe $2. Have a demo done, polished and up for purchase months before the game is released.
$5 beta tester for online mode of games (I would gladly pay to beta test games). As much as I hate to say it, companies should realize that they COULD charge people to get in on this.
$10 demo/pre-order that ships to you directly from the publisher with perks such as special editions, cloth maps, stickers, posters blah blah blah. The Xbox live/PSN/Wii market places should be selling pre-orders to games. The publishers should distribute direct to customers an early sale of the game. You are charged $10 on your CC as soon as you download the preorder demo. You are given the option to cancel your preorder by deleting the demo. If not then your CC is charged the remaining amount as soon as it ships. You get the game in your mailbox a few days before it is released to the game stores and the game company turns a considerably higher profit initially by cutting out the middleman.
Free physical media/game - $40-50 online activation
Change. That's the solution.