http://www.wired.com/threatlevel/2010/09/first-sale-doctrine/
Seems we have another fine victory for money over common sense

So....lemme get this straight. 3/4 of all my games aren't legal? SWEET!

it's only a 9th circuit decision I forsee a supreme court decision in it's future or a bunch of people putting EULA's in books as an example of why the rulings dumb

But, didnt the courts rule that because you can not see the EULA before the sale is actually made that it is not a legally binding contract?

I am thoroughly depressed by this decision today. I had actually planned to head to Half Price Books tomorrow to resell some old PC games. Although this market is mostly non-existent, there are still some stores that will gladly trade games that are not inundated with DRM. These stores have both allowed me to discover new series and older titles I once missed, and made me a supporter of upcoming series by the same developer.
Now, even this last little bit of refuge will be deemed illegal. I find it sad to know that if this decision remains unturned, many games will be lost over time and future generations cannot enjoy them. GOG has been amazing at giving us the ability to replay old games, but for the games that do not make it here (due to greedy Publishers, etc), I guess they will be lost for good.

I love that store. I moved near one and had an orgasm when I walked into the game section. I'm pretty sure it's fine if you still sell them (What are they?).

I deem that court illegal, and all it's rulings, as it has no jurisdiction in my country.
There, that was easy.

lol wth, can't get the quotes right. My apologies for this mess!I was definitely awestruck the first time I walked into one, and now I head there nearly every other weekend to check out the selection. I would visit even more, but it is over an hour away. I still plan to go tomorrow and sell games regardless, as I imagine they will be lenient still for some time.
As for what I had, mostly just random stuff I had laying around that are double copies, typically due to buying a goty/pack of games later. SimCity 4, base Tropico game, Assassins Creed (first one, drm free), the first UT, and one or two others I can't remember off the top of my head. Not really expecting much, but hopefully some other youngin will grab them and discover some quality games of the past :)
Despite not being fond of Gamestop overall, I hope the company as well as many other major organizations band together to overturn this ruling. I honestly cannot imagine the inability to ever trade media again, once other industries start applying the same restrictions (movie industry for instance).

So does this mean that about a gazillion Ebay listings are going to become crimes overnight?

I wouldn't call Assassins Creed a quality game, but those other games, yes.

I got bored and decided to read the current UK copyright act and I gotta say I love the computer section you are fully within your rights to decompile a program and make backups and make changes necessary to make them functional \o/ suck on that DRM

Oh, definitely agree there, that one is the exception and why it is going back. Glad I only paid $10 for it. Got repetitive so fast, never bothered to finish.

The 9th circuit is pretty notorious for their offbeat rulings (not that I disagree with all of them, some I find to actually be good). They also cover CA, the US heartland of both video games and Hollywood, the two biggest producers of copyrighted content out there.
AutoDesk isn't even a US company, afaik, which is funny (they probably have an arm incorporated here, though). They have been one of the worst offenders with their AutoCAD software over there years, pioneering pain in the butt dongles and whatnot. Very anti-consumer stuff is what they're known for. Sadly their software is industry standard in that field just as Adobe's is for graphic arts and photography.
At any rate, I think wired is wrong, the first sale doctrine is not an affirmative defense, at any rate USSC has upheld it several times in the past.

I'd be fine with this if the terms of the license were shown prior to purchase. As it is now, you can't return the games at the point where you read the ToS, so I'd argue that the distributors are have an unfair position of power over the person who is licensing the software.

No, it just means that for his own case Vernor is hosed, and that if other software companies decide to bring civil suits over people reselling their software then they can cite this ruling as precedent, which courts in the Ninth Circuit will then probably run with, and courts outside the Ninth Circuit may or may not go with. While it's a shitty but not unexpected ruling it won't have any significant effects, at least not in the near future.