The trouble with that would be prosecuting it, as I see it anyway. It seems like it would be almost impossible to track what someone did with it after buying it, and then much less possible to prosecute it if they did not meet the agreement. Sony, or someone similar, would need to be involved, IMO, for this to have any real teeth.
About the only real way to accomplish something like this would be for ebay and amazon (and any other major online resale vendor) to limit the resale of recently released products to MSRP+store fee+paypal fee+shipping+tax. So a 700$ 3080 FE would sell for 700+73+43.80+30+22.74= 869.54$
If they wanted to be really generous they would allow 5-10% on the MSRP item:
700$MSRP+5% Profit is 911.22$ and he makes 35$
700$MSRP+10% profit is 952.89 and he makes 70$. Notice each time ebay+paypal makes 12.9%, or significantly more then the scalper. If the item isnt selling for 12.9% more + shipping costs, then he loses money.
I had an extra 3080 from pre-orders and called around my friends until I found someone who needed one. He asked why I didn't ebay it. I said #1 I wanted to check with friends first. #2 I hate giving ebay 150$+ for them to do almost nothing. #3 because of those fees and the new auto sales tax stuff id need to sell it for 1100$ to make 150$ in profit! So (roughly) id need to mark the card up 50% to earn 20% (750$ gpu). If you have a tax account setup and a retailers license I think you can get ebay to send you the tax from the sale to defer whst you paid, or you need to handle it with the state(s) which adds a significant paperwork overhead to your "business" and then you need to calculate income tax and possibly corporate tax against those revenue numbers I postes above.
So how to stop this?
Each manufacturer could setup a pre-order/back-order program that only allowed 1 card per address/name/CC#. All 3 would be required (so no using multiple CCs to the same address, or same cc to multiple addresses or same name+cc# to multiple addresses). Obviously there will be holes in this, a credit card that generates new numbers per purchase could be used to send to multiple addresses (since you cant block by name alone because too many people have duplicate names). So you could still send one to your inlaws and parents, etc. But it would significantly limit bulk buying and likely help ensure most of the initual supply goes to actual gamers.
Another option is to take this releases data and apply it to the next one. People buying 700$ cards for 2000$? Then sell them for 2000$ with a 1300$ rebate, *one* per name, per household for the first 3 months. Have the rebate take 60 days to complete and become available to the buyer. A 2 month delay on a big chunk of profit might cause some hesitation. Especially if they worry about rebates being denied. After 3 months drop the rebate and return to normal MSRP. Nvidia/amd makes a little more from skipped rebate claims, day one buyers get their GPU at MSRP it just takes a few months to get their money back, and everyone else still pays MSRP 3 months later (hopefully).
Unfortunately in a capitalist world as long as there is someone who feels a having a new GPU ASAP after release is worth 2000-7000$ (or a 200%-1000% markup) someone else is going to supply that demand. Ive seen people reconsider keeping their new video card or VR headset once they saw what the product was selling for on ebay. I know I did.
What bothered me the most this year wasn't the resellers, ive done it before to make extra cash. What bothered me was the automation of the process. The bots. When I did it I bought 3 nintendo switches on preorder before the released. I had my father in law do the same. Then I ebayed 5 of them and kept one. But preorders never ran out, it was retail supply that was limited. And we did it on foot, or manually online and within reason. The bot guys having the bot farm 50-100k$ worth of stuff in seconds takes if from a cottage industry of broke hustlers to more of a factory resale middleman. And that sucks. When I see twitter posts from full on legal corporations who's only reason for incorporating is as a bot powered resale scalper its demoralizing both from the perspective of a part time "resale hustler" and the perspective of a gamer/customer.