This is because MSFT and others have set the precendent that you don't own software, you license it. They can include a clause in the license that prevents resa

This is because MSFT and others have set the precendent that you don't own software, you license it. They can include a clause in the license that prevents resale of the license. The physical good that software is distributed on is covered by the first-sale doctrine and you can resell that, but it won't do much good because you can't reassign your license to it. If I have a license for Windows but lose the physical disc, I can buy your disc. However, without owning a license, I wouldn't have the right to use the software. If the SCOTUS upholds the circuit court's decision, I wouldn't be able to buy your Windows disc anymore (assuming it's pressed outside of the US).