Public rights, private rights, and downloads

Rob posted earlier about a EU high court ruling that upholds the right of people who buy downloadable games to resell them. Many people will point out that this makes it much harder to pursue certain game-distribution business models. This is true, but so what? There are lots of business models that might thrive if only we abolish the rights of purchasers -- "I'll sell you clothes, but you are legally required to buy my special laundry soap" or "I'll sell you yarn, but you have to pay me again if you make socks out of it." Technology makes lots of things possible, but as between, "My business gets more profits at your expense," and "You get more value at the expense of my profits," there's no reason to default to the former.