The extra downloads are included in the license that is sold. Which means they apply to the second customer as much as the first. Yes in retaliation Steam, Origin etc could go back to the olden days of single downloads, but it'd kinda kill one of their main selling points. And as I said before, their pricing take into account the multiple downloads (don't forget many games sell for the same price as physical copy, without the cost of disc printing, logistics, delivery, shelving and other overheads)
Given that the distribution company isn't part of the second sale how would they know to be able to charge a fee for the second company. I'm pretty sure the ruling would actually say that's not allowed too. Especially since charging a fee to allow people t5o sell their games on would be getting in the way of the process.
Pretty much every game sold is "forever" on services like Steam. Even when the publisher pulls the game, like EA with Crysis 2, it's still available to the people that had already bought the game, so it'll still be around for the second purchaser too.
Also the ruling doesn't require the companies to do anything except not ban people from selling their digital products on. If they wish to provide features that facilitate the sale of games then it's up to them.
Thrusday is also a lawyer too. A VG lawyer. (I think Ethan is in property)