Regarding the guy suing GameStop, I think what it comes down to is how the used games are marketed, both on the box, and orally by the employees. Because based on my experience, the standard line given is "it's the same as a new copy and you save five bucks", and in the case of games with free-for-new-only DLC, that's not true, and if someone did in fact buy the game based on that, then the case for deceptive marketing or fraud certainly can be applicable.
And good show. =)