I still don't know why there should be common ground. Hardware maker has a right to make and sell a harddrive. I have a right to resell it. Common ground there plain and simple. I have never seen Seagate complain about second hand sales so why should a developer or publisher?
Can't see why there is a need for any discussion around this. Perhaps the problem lies with the concept of intellectual "property" and people wanting more and more things they are not entitled to. The whole copyright concept has been redefined so much already it's unrecognisable from its original inception.