On the contrary, I'm not trivializing the stripping of consumer rights, I'm suggesting that property rights in this matter have always been more complicated than "discs are property" and "codes are not", because in the digital realm discs are codes in a different form factor. The terms of service are the same on the Xbox for digital store downloads and discs. I refer to the disc as a Totem, because that physical artifact holds more spiritual value than it does physical value. Some property rights of that disc are implied, sure, by virtue of being a physical token, but they haven't been tested in court, and they aren't guaranteed. EULAs have been the name of the software game for ages now; they predate the digital stores (even Steam) and have always stated that Software is Leased, never Purchased. Discs were always a physical token tied a EULA. Now discs don't even have the actual software on them anymore, and its getting increasingly silly to pretend that they do.
The original Xbox One plan included lending, giving away, and trading games, it just intended to cut out the Gamestop middle man and let you do it directly Gamertag to Gamertag. That's what Microsoft was really punished for, cutting out the Pawn Shops.
We should be demanding our rights in the digital stores (and securing them in copyright reforms and regulations, if need be), not fighting for bits of plastic that pretend to be rights.
The original Xbox One plan included lending, giving away, and trading games, it just intended to cut out the Gamestop middle man and let you do it directly Gamertag to Gamertag. That's what Microsoft was really punished for, cutting out the Pawn Shops.
We should be demanding our rights in the digital stores (and securing them in copyright reforms and regulations, if need be), not fighting for bits of plastic that pretend to be rights.