This is something I came up with when going through the articles about the Xbox Ones usage of used games before Microsoft changed it.
I honestly think the scandal was not about used games in its entirety, it was about the concept of ownership. Our current notions of ownership were being challenged by Microsoft which said that you do not own the games you bought and have no right to sell them. Several people jumped on this, siding with Microsoft claiming that used games were as bad as, or worse than piracy as the developer doesn't get your money. Such people do not know how retail works.
The video game industry is the only industry that is actively trying to shut down a market within it because of money. The US auto industry was in worse shape than Video games, and some argue that it is still in bad shape, and the failure or success of the auto industry can make or break a local economy. Take for example, much of Michigan's industry was automotive and when the big three started closing plants, it left much of the state unemployed, even still unemployed to this day. If a gamestop closes, it won't put a city in hock.
Imagine if the Auto industry started to try and regulate used car sales due to cars getting too expensive to manufacture and the cars not profiting well. I for one recently picked up a 1993 saturn sc2 for $500, should I be criminalized?
Back to games, a lot of people blame the bankruptcy of several developers on used games, I for one blame the media and gamers. Talk to the regular market gamers, the ones that line up in droves for the next Call of Duty game, the next Final Fantasy and when a new game comes out, they look up reviews. Who do they go to? Often times IGN and Game Informer. IGN seems to give better scores to games of bigger budgets, game informer as well. I remember one example; they reviewed Mario Kart 7 and gave it a low score because it does nothing to expand the Mario Kart franchise, while giving Modern Warfare 2 a high score for the same things they said was wrong with Mario Kart 7.
While the regular gaming crowd seems to be taking reviews as 10-7 as a decent game, and anything lower is garbage. This seems to be pushing developers to bite off more than they can chew and make AAA budget games. Which such games flop at retail, the companies go under.