If digital downloads have to be treated like physical copies - as in, able to be resold and purchased “used” - that would have huge implications indeed.
I’m particularly interested in how it would affect the idea that digital copies aren’t owned, they’re licensed, meaning if the platform you’re using for your digital copy goes under, you’re screwed and out the money you paid for the media. If the rules change so consumers do own their digital copy, what does that mean for DRM? Would they necessarily need to be DRM-free going forward so they’d still be usable if the platform that can play them is scrapped? What about if your hard drive fails and you lose your copy - would there be an obligation on the part of the distributor to provide a new download free of charge, or is it like you lost your DVD and need to get a new copy?
I’m glad this stuff is finally being challenged in court, because there distribution companies have so far pretty much had free reign to handle digital distribution as they see fit with little protection for the consumer.