It seems that the publishers should see the 'writing on the wall' and act in their own self interest to head off these types of legal challenges.
If they used their existing power given by DRM and worked with the major sellers to create a "resell this book" feature where people could submit the book for sell as used (which would remove your capability to access it on your devices, like lending the book does). If your copy sells (used copies sold in a first-in-first-out order) Amazon [or other vendor] keeps a cut, the publisher keeps a cut, and the seller gets 70% of the sell price, and everybody's happy.
If you decide, before the book sells, you could retract it from the for-sale stack and get it back.
I suspect that many people who don't re-read (myself included) would sell some of their books back when they're done reading them and everybody'd be legit and benefit for all. I'd probably buy more books new and for a higher price if I knew that I could resell them.
I think that used books would sell for more than used books do currently (due to the lack of degradation of digital files that everybody keeps mentioning) and yet the publisher gets a cut of used sales, which they currently don't with paper books.
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