I suspect you'll find that the court will consider ebooks to be software. Which is fine by me, it means I don't own most of the data on my computers I just have a temporary, limited license to use some of it in specific ways that may change at any time (and often do). As far as I'm concerned stupid licence terms free me from any moral obligation to the people issuing licenses, much as stupid job contracts free me from almost any obligation to the employer (the latter is actually the law, BTW [1]). It also encourages me to buy books from more reasonable authors and publishers.
As far as buying second hand books, I estimate that half the deadwood books I've owned have been second hand, including many brilliant books that I would have been happy to pay the authors for. Unfortunately the deadwood sale system is almost as stupid as the ebook rental system, so that proved harder than any sensible person would expect.
What I have taken to doing is lending my liseuse to friends from time to time, loaded with books they want to read. I believe that that is within the rental contracts for the books. If not, I'd be happy to stop doing it in favour of the far more reasonable first-sale based option of giving the books away once I've read them.
[1] I have been briefly threatened with legal action on the basis of an unconscionable contract... but the threatener decided to pay me to go away after hearing from my lawyer
