Therumancer said:
With no offense to 38 studios, it doesn't matter how well they dress it up, it's an indefensible position from any perspective.
Speaking from a position of strict-neutrality; it's purely Defensible from the Supply side and Indefensible from the Demand side.
Supply wants to remove the leverage arbitrage Demand has here. This directly increases their revenue, but may indirectly reduce it by negative word-of-mouth, as we witness here; (however, to which degree it reduces revenue is a matter of debate).
As a matter of fairness, it would be best if there was a more lenient return policy for games where the service attached them was the main draw. [sub](This doesn't work out so hot for games that you can easily beat in an evening or two (which are becoming increasingly common) as the buyer could get essentially a free rental, and the market requires sales to definitively cover the cost of production.)[/sub]
Otherwise, you end up with situations like this: where savvy customers will just wait for the Used version to avoid getting jacked by a bad purchase. Which in turn spurs more arbitrage (do I even have to mention Gamestop here?)
I guess what I'm saying, is that the Publisher and the Customers are trying to have their cake and eat it too, and it's putting both of them at odds. Not necessarily about what constitutes "fair business", but how one can stick it to the other.
And really, this sort of innate competition is supposed to spur someone into finding the proper/most-efficient solution, which isn't even remotely happening here. Publishers offer "Do-or-die" as-is deals, and their either customers scorn them for it or walk away entirely.