IANAL? Sounds to me like you're just pulling names out of your ass...
Cheap jokes aside, I do find it strange that people will happily buy a 2nd hand game in the UK for £45 when the new ones are £50, I'll personally pay that £5 to know I'm getting a copy in mint condition without peanut butter and scratches all over the disc and rude words scribbled in the manual. I exaggerate, sure, but you can see my point.
I have no problem with the second hand market, but when they're offering like £10-15 for a new game and putting a sticker on and it's 45, I just think there's room to move, and I'd buy new.
As for other markets not doing the same stuff, I believe there's similar things in the small print of DVDs, CDs, etc, its just that they're not threatening to push em into reality like the games companies seem to be doing.
I for one could live without console ports, I'll take the PC games, and I'll play the console games at a friend's house. EA don't lose any money because we're all pirating shoddy ports, we're not all bitching at EA for making shoddy ports, and the PC exclusives should sell fairly well, because they won't be shoddy ports.
Hell, I've done Car boot sales in my time, getting rid of old videos, cds, etc, and I've had people STEAL from my table... I'm selling old videos for like 50 pence, and people still feel the need to steal them, you'll never stamp out theft or piracy, but I didnt just shut up and go home and never come back, I took the things I lost as 'acceptable losses' as I live in a world with chavs, and got back there next week, making some money and losing a little of it.