I read it that this regulation only applies to retailers (as in commercial sellers) and is there to protect liscenced sellers and OEMs from price dumping through grey imports. Fair enough, as the regulations around market access, the various anti-trust laws, are pretty severe as well. They make exclusivity pretty hard, for both OEMs and retailers, and fines can be stiff.
Nowhere does it mention the sale of used gear, or the sale by private partied. Which lines up with my limited experience around buying used gear online, especially eBay, from outside the EU. I never tried to export so.
I don't think the law really differentiates between used and new goods, nor big vs small.
It's true that these rules are rarely enforced about you selling an old game to your mate in a bar... But in principle I think any IP rights holders of IP within that game could attempt to block such a sale.
Software liscenses can be re-sold in the EU, but don't ask for specifics.
And again, IANAL, but those import restrictions on grey imports make sense for protecting the offical distribution channels for new goods, e.g. because of warranties and setting sales prices. Used goods don't have warranties, beyond some basic ones, and OEMs usually don't care about those.
Nowhere does it mention the sale of used gear, or the sale by private partied. Which lines up with my limited experience around buying used gear online, especially eBay, from outside the EU. I never tried to export so.