There is a strong argument that the first sale doctrine should be applied to the license granting the use of digital goods rather than the actual copy (which is undecipherable in its physical form to us anyway and require a lot of additional copying within a computer to produce the pulses of light that we can read, for example). The license is the meaningful legal construct in which the content is accessed.

The EU has already done this since the ECJ ruling in 2012, and the US is behind the curve.