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I'm not sure if 1st use doctrine applies to games as it does to music & video media. It seems it does not apply to foreign sourced material and the publishers may exploit that for games FAIK:

It's in the hands of SCOTUS now.

Supreme Court Copyright Case Could Change Nature of Ownership

The case, considered one of the most important intellectual property matters to come before the high court, concerns the "first sale" doctrine in copyright law—a concept that leaves owners free to resell, lend, or give away copyrighted items without permission from the copyright holder. The doctrine has long been interpreted as one that applies to all goods, regardless of where they originated. But book publishers, software companies, and the movie and music industries, looking to protect their practice of setting different prices for different markets, argue that the doctrine should apply only to goods produced in the U.S.

It will be interesting to see how the court rules. As your linked article points out, the foundation of the argument that the power of the owner of a US copyright depends on where the item was made, is questionable. It's entirely possible that the SCOTUS could overturn the first sale docturine, regardless of where the physical item was produced. Otherwide, the producers of all copyrighted material would have an incentive to move offshore.

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