I have to think the main issue (as some have illuded to) is that people aren't keeping the games they buy. If game developers made more games people wanted to keep playing, people wouldn't sell them as often. If someone buys a game, plays it, and thinks its crap, why shouldn't they get some of their money back (in the form of re-sale). No publisher is ever going to offer a "Our Game Sucks" refund.
It depends on what you think the publishers are selling, the game or the experience. If people are paying for the experience, then they should pay by the user (not the copy), but then at the same time, the publishers would be liable for bad or undesireable experiences, so instead the publishers sell by copy, then bitch about it. Typical.