You replace the product anyway, because we don't buy the disc, we buy the right to use the software... even if you scratch the disc, at most you could charge them for transport and the rather insignificant cost of a new disc...In addition, sometimes actually new products have faulty discs. I've run into this myself; I had to get a replacement disc for my copy of Myst IV because disc 1 couldn't be read. I'm not sure how a situation like that would be handled with resale of a Never Removed From Box copy sold as "new".
But no, they want to sell it as a license, but treat it as a physical product for the parts they're on the hook for... and that's major BS.
Oh, and here in Eurostan i can just make myself a copy from someone else along as i have proof i purchased a license...