Wow, I'm not getting this one at all. Implying that the buying and selling of pre-owned games is "worse than piracy" is akin to saying this is an illegal activity. It also ignores the basic principles of supply and demand. If your title is only worth $40 used and you are trying to get $60 new, then you, the publisher, are simply charging too high a price for the benefit of a limited warranty that protects the user against, say, a cracked disc, or one-time-use codes that let the new owner do something the used owner can't. It's selling a physical product with protected code that lets one owner at a time play it.
I don't hear the furniture industry crying out that the sale of used couches at flea markets, garage sales, and second-hand stores is killing them.
The auto industry has never banned the sale of used cars, but, again, when one buys a used car for less than the cost of a new one, one also gives up a good deal of warranty and hand-holding that the new-car buyer received.
Now, granted, I'm a naive PS3 owner, but I sure have never seen anyone selling any product that lets me crack a PS3 DVD game and make free copies of it to sell to my friends for $5 each. We've also sold old titles bought at full price new, at an expected loss to buy other titles. So what? If the game publishers want to sell only new games, then match or undercut the used titles' pricing. Anyone with half a brain will pay the same or a small amount more for something new at almost the same price.
The entertainment industry is the only one I know of that wants to sell something and still have it. If that's the case, then fine, let's make it fair - I bought a copy of Superman on VHS decades ago. If the majority of my money was paid for licensing a single-use copy and a small amount for the physical medium, then how could I sell it to buy a laser disc, then sell a laser disc to buy a DVD and finally sell the DVD to buy a Blu-Ray of it? I did not see the studios trying to help me out there by making it cheap for me to upgrade what was essentially a single-unlimited-use license of their intellectual property. But if so, then the studio ought to offer me a near-zero-cost trade up program, say $1-$2 of media cost per trade up, at most, so that I can keep seeing the movie I never really completely owned (just a license to watch it as much as I want on one player at one time) in the most state of the art manner possible.
The entertainment industry wants it one way - theirs. And they want you to pay top dollar for minimal product. Gosh, maybe that's why people find piracy so attractive after all...