A man walks into a store, picks up a game, pays for it, and takes it home; he never agrees to a license or signs a contract.
He puts it in the game console, it starts up, and he plays it, and still hasn't agreed to any license or contract.
I'm not declaring that you're wrong, but I suspect these "publisher's wishlist" licenses and terms may not hold up in court in the event of someone violating those terms.
Just because someone writes something down doesn't make it true, and that describes a great many EULAs, too.
We may be mixing up our terms, when you say "license", I don't generally think of the same kind of "license" as would be implied for e.g. a paperback. I think it's implied we're talking about software-style licenses.
I think of a long, rambling contract with made-up terms and obligations you never agreed to at purchase time, EULA style.
So yes, you get a license-to-use-and-lend-and-resell with your purchase as you do with books, music, and movies, but the EULA and TOS type stuff are probably fiction, I think. I'm no expert, but afaik it's not well-tested legally, and first-sale doctrine counts for a lot.
He puts it in the game console, it starts up, and he plays it, and still hasn't agreed to any license or contract.
I'm not declaring that you're wrong, but I suspect these "publisher's wishlist" licenses and terms may not hold up in court in the event of someone violating those terms.
Just because someone writes something down doesn't make it true, and that describes a great many EULAs, too.