Except you can sell on a car, and it'll run on the fuel you put into it.
What's actually happening is that companies are attempting to make sure that after the initial sale, if your logic worked as you were intimating with that analogy, the car wouldn't work by putting the correct fuel in it, unless you'd paid to have the car unlocked by the original company that manufactured it. And this company enforced a set of rules that ensured it got a massive share of the original price of the car just to perform an administrative function of saying "Yes, you now own the car".
Now, none of your friends would be able to drive it unless you paid the fee to this company, so there'd be no lending it to someone for the weekend while you didn't need it, and it covered their car being in for repairs or something. You couldn't give it away, without the authority of this company (who you'd have to pay for the privilege of giving it away, even though you'd purchased it and now were the owner by law).
So, in effect, you'd not be buying a "car", as that describes a vehicle that moves when you put fuel in it. You'd be buying an expensive heap of junk that you'd need to pay a third party (who has no legal right to be involved in the resale of the car, apart from them putting a 'tracking' system of owner in there that won't let the heap of metal do anything, even open the doors, unless you pay them this money).
Unless you can play this game, as is, on the console, you can't describe it as a game for the console, because it isn't. It's a medium with data on it. That data is not a game, and can't be described as one, because if you put it in the console with the expectation that it'd work, you'd find it didn't. That doesn't meet the criteria for being described as a workable game.
It'd be a very interesting fight if people took it up en masse; I don't think it's as cut and dried as you make out.