I was trying to explain this idea to my wife a few days ago, and couldn't get my point across...Although I am of the opinion that "the thing" is media when it is best for the publishers for it to be media, and it's the software license when it is best for them to be that. They've managed the best of both worlds at our expense.
What I want to know is how the end consumer ever bound by an EULA from the publisher? The publisher sold the game to Best Buy, and I bought it from them. I never got the game from EA or whoever. I highly doubt that best buy has agreed to 'license' the game so they can 'sub-license' it to me, and even if that was the case I would expect an agreement with the retailer, not the publisher.
Lastly, since they are cheating/stealing and other wise being shady I feel I am entitled to also. If they will get the best of both worlds so will I. Sure I'll buy a copy, and I'll feel free to rip it, give it to my friends, make backups, circumvent DRM, mount images, I'll do whatever I want with it short of keeping someone else from being able to play their copy (i.e. I won't buy then return to get a CD-Key).
I feel the same way about music. Those guys have been price fixing for decades. It's your civic duty to steal from them.