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This has been the case for software since the very beginning. And people have been complaining about it since the beginning. See the Free Software Foundation.
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No matter what they wrote in the document, the fact was always that you had the game on a disc and nothing would stop you playing it in violation of the words in the document.
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The only reason for that is because the physical disc has the right of first sale attached by being physical item, and there’s no practical/acceptable mechanism to prevent transfer of the license to someone else.

Traditionally the whole industry has been fine with it as long as direct media copying was too hard for the layperson, especially since lending games around was like word of mouth advertising.

Digital platforms change a whole bunch of these things.

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The same is true of digital downloads, insofar as both the disc and the digital download don't have DRM.

In other words, you completely missed the point that this is about DRM and not physical vs digital.

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enforcement of legality is on the victim in the grift economy.
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