(continued)... Third, it must be established that said intellectual property, having been existent in the mind of it's creator, and realized through programmed, written, drawn, or recorded materials, is in fact no different a process than the creation of any other mass produced product, which requires a template from which all copies are recreated, and sold en masse. Fourth, considering the similarities in the creative process, it becomes self evident that the disparities between physical and intellectual media derive from it's separate distribution mechanisms. If these simple truths can't be established, there is no hope for Tom and others who support the false notion of "used intellectual property" based on precedence alone. If it hadn't been realized from it's creator, it wouldn't exist on any media, period.

... or if the legal system recognized that there's no reason to treat intellectual property the same as tangible/physical property, we wouldn't be having this discussion. Tom is trying to position the trading/swapping/resale of imprintable (disc, usb, hard disc, SD etc)/programmable (cartridge, etc.) as being equal to, without partition, the media (game, music, movie, book, etc.) itself, when the two are disparate and wholly existent without one another. Before you can even debate this, one salient truth must be established in the mind of the one who blindly follows poor precedent (i.e. Tom Magrino in this case) to establish an opinion. That truth is: games, or any intellectual media can factually, patently, NEVER be considered used, which is impossible. The second truth that must be established: intellectual media can be created, owned, and sold via transferable media, and protected via patent, trademark, and copyright laws.

I dunno, I think Nintendo may have just sealed the coffin for themselves with the 3DS. Because guess what? The next big revolution in smartphone tech is obviously going to be 3D support (can you imagine navigating your droid/iPhone in 3D??) All the smartphone designers need to realize is this: touch screen game controls are too limiting. There's nothing holding any one of these companies back from offering a slide out or connectible joypad configuration - THEN the game publishers will jump right in.