Not really. A court could declare that first sale applies to digital goods as well and then companies would have to deal with it. It just hasn't been brought up yet.
Soon this will be in the Politics forum, but... the companies haven't "sold" you something, they "licensed" it, and according to the terms of said license, it's non-transferable. And when you "buy" the physical game disc from a store, I have no idea what the hell you have actually "bought" other than packaging. You don't have the same "rights" to it as if it was "sold" to you. Now IANAL, but IMO that's why it hasn't been brought before a court, because the contract you agreed to (EULA, or the like) probably says something almost exactly like what I put above.
That being said, I 100% agree that copyrighted goods should be subject to the First Sale doctrine in 100% of cases. Digital or not. As was said above, Chevrolet has no rights to a used car, and neither should any original creator. But the better example is this: the publishers don't make money off of used BOOK stores either, and everybody (practically everybody at least) agrees that those are perfectly legal, and good. Same with Libraries.
That's what really needs to happen actually. The ALA (
American Library Association) needs to get in on this. Once they get all digital books treated the same as physical books, the rest will follow suit rapidly. Anybody know someone in the ALA?