Why shouldn't they get paid, the retailer is making money from the second hand marked but the people who make the product aren't. How is that fair. Its' not like the people making the games are on awesome money to begin with.
Cheap people are getting to play all the games they want and not helping the development of further games, then moan when new games don't come out.
I'm tired of people thinking games should be super cheap and still be high quality. You need the money for development, a big team to help create games. If a game is praised and doesn't sell enough it won't get a sequel ... yet might live on and get a following later, that counts for nothing.
It's completely fair, and legal. I buy Skyrim for $60, that copy is mine to do with whatever I want. At this point, the developer is owed nothing more, period. They made their sale, they got their money for their product. I then take Skyrim to Gamestop, they buy it from me. That particular copy now belongs to Gamestop, they can legally sell it to whoever they want. Again, the developer is still owed nothing.
It's like saying, "It's not fair that Ford doesn't get anymore money when you sell your truck on Craigslist." Or, "It's not fair 20th Century Fox doesn't get anymore money when you sell your Aliens DVD in a yardsale". I get what you're saying, you want the game developers to do well so they can keep making games. However there's nothing unfair about it. They sold their product, and are due no more money on that particular unit. No other entertainment product enforces what you're trying to defend, not movies, TV, books, or anything else.
The fact is, this is law, and it's common sense. When you buy a product, that particular unit of the product is yours. Now if you were to rip the data from your game, and distribute it to others over the net, then you're in the legal, and moral wrong. Obviously your rights to the product only count for that 1 unit. Unless, of course, you agree to a user end agreement to waive these rights.