For starters, we have to point out that this is a
preliminary ruling, and so
not in itself
binding – it’s subject to being challenged, and for a national court to actually enforce. It’s also worth noting that the software at the heart of the case
isn’t a game, but Oracle’s tools, and a company selling ‘spare’ licenses.
In the world of games, the subtleties are different – for starters, DRM. By this verdict, you’d be okay with selling/gifting a DRM free game to anyone you chose, provided you deleted/destroyed/rendered useless your original copy. However, anything locked to
a personal account and a service’s DRM would be problematic, as the EU has specific anti-circumvention rules in place. There’s not much use selling a game if the person buying it won’t be able to play it.