According to most EULA's, you don't own the software and you merely have the permission to use it under certain restrictions that are specified in the EULA which you have to agree with before using the product.
Also, physical media on the PC has been employing similar tactics against used games. The market of used games on the PC practically does not exist today due to these business strategies even though retail PC games are still being sold.
I am not agreeing or disagreeing here. I am just stating the law as I know it in the US.
When I put a game disc in my console when do I agree with said EULA? There aren't prompts for agreement or a place to sign a contract that only I will play the physical disc. There isn't an agreement at point of purchase. Also how does the used game market exist if it's against the EULA?
If a retailer purchases games in bulk from the publisher, isn't it a resale to then sell that product to me? My only interaction is a transaction from a retailer, the publisher has no role.