QuoteBut can publishers stem this market? As a disc is physical property, theres nothing in law to prevent a person reselling one they have bought legitimately. The publisher might try to alter the licensing agreement (the "I agree" box most people tick without fully reading) or even try to discourage retailers from dealing in full-price and pre-sold titles. However, such measures would be tricky to enforce, says Paul Carlisle, head of media and technology at lawyers Shepherd & Wedderburn.

"Once an item is put on the sale in the EC, youre deemed to have exhausted your intellectual property rights in it, which may prevent a publisher seeking to restrict the resale of the game. On the other hand, telling a retailer I will not sell you any more copies if you sell them secondhand runs into the dangerous territory of anti-competitive conduct by artificially maintaining the price of a product."