Trust me, if the used game stuff on the XB produces for publishers they will force it on sony as well. The only thing that will stop them is being sued. And good luck suing Sony. By joining their network you give up the right to sue and have to go through an arbitrator of their choice.
Similarly, if the used game thing fails for the XB, it'll be abandoned by publishers as well. I believe the design is that used games are legit, unless the publisher's decides to disallow it. If that happens, they can regulate the resale or ban it outright. At this point it's a threat but not a promise. However, it will get used by someone. Interesting to see how it'll work out.
Yeah, that's about what I see happening with the used game thing. As for Sony's TOS, I would think that only applies to the use of the PS+ service itself, rather than, say, using games on the console. I don't really see what kind of case one would bring for the failure of a used game to work on the console, though. I mean, I get that people would be pissed, but what exactly would be the legal basis for the lawsuit in the first place?
The next wave of consoles probably will be download/stream only and with that i'll give up. Then again by then my girlfriend's kid will be 11 or so and probably let me use her system lol. i'm perfectly happy playing my old systems. I got such a backlog of games it ain't funny as it is.
That's what I expect. To be honest, it's not that big a deal on Steam, depending on how you approach it. I buy most of my games a good while after they came out, so my price point averages between $10-20. Which is basically the price of.....a used game. The publishers get a cut, Steam gets a cut, everyone wins.
It's true that they could, at some point, yoink the title and kill my license. But I expect that if this happened too much, there'd be hell to pay from a consumer perspective. Amazon caught some real flak when they yoinked some books off the kindle, even though it was perfectly legal. I would figure that the streaming services (Steam included) would simply want to ensure that the content remains available to their users, rather than actually USING the threat of yoinking someone's games.
The real question, then, becomes a simple matter of price point. I wouldn't pay $50 for too many games anyway, but I almost certainly wouldn't for a streaming game. But for $3-30? Sure, why not?