[If the clickwrap EULA forbids sale, then you can’t sell it][link], no matter how much you don’t want it anymore.
In other words, goodbye to used game sales. How long before they classify films and TV show files as Software? What do I do with the Xbox games I don’t want anymore? Throw them out? Give them away? Somehow I think they’d have a problem with that, too. Some Blu-Ray releases of films contain games. Are they covered?
The ruling makes note of a “license” .vs. a “sale”. Are we allowed to own *anything* anymore? The software in question, AutoCAD, costs $4000. That makes a $4000 invisible license to use software that you throw away if you don’t want it anymore. Hell of a way to make money.
[link]: http://arstechnica.com/tech-policy/news/2010/09/the-end-of-used-major-ruling-upholds-tough-software-licenses.ars “No, you don’t own it: Court upholds EULAs, threatens digital resale”