One way to be fair to stores is to not require them to host the marketplace for buying and selling the used copies. People looking for "used" copies of movies and games would have to leave the official store and use third-party web sites to buy and sell. This creates a layer of inconvenience which would level the playing field somewhat.

Another way to improve fairness to stores could be to allow them to charge a "transfer fee" of perhaps 5-10% of original MSRP for transferring any used content.