Slashdot article on a court ruling involving attempting to re-sell some unused autodesk software. Okay the title is a little dramatic. But that is the effective ruling by this above court. Software that is licensed by the software creator is no longer beholden to the
first sale doctrine which means that you don't have the right to sell your used software, even if isn't "used".
Now this only applies to licensed software. I freely admit I'm not sure where the distinction lies. I know operating systems and a lot of high end professional software sell you licenses rather than the software. Nut I think the average software relies on a ULA and still sells you ownership of the software.
Of course I've made comments on this blog before about digital content and how it ultimately is all just a "service" with the duration equal to the length of the life of the decoder, rather than a good. Still not sure if I personally like that but that seems to be the way we're headed,offically as well.