I'm not sure that ruling would apply to Steam? I'm sure I'm not fully understanding, knowing nothing about the involved parties. But what it seems to be saying, to me, is that you cannot stop the transfer of a digital license. But that shouldn't put the impetus of enabling a sale on the place of the platform, no?
To me, that means that I must be able to sell my Steam account, which contains the collection of my digital licenses, not necessarily that I be able to remove one of my digital licenses from that account and transfer them that way.
If I really cared about resale value, I could just be creating new Steam accounts for each game I wanted to enable, and sell that.
I guess the answer to that question comes down to whether or not the concept of a user license is bound to the user's relationship with the digital distribution platform, the digital distribution platform with the publisher, or the publisher and the user. Or all three.
It'll be close, but Romney has the momentum.