> video game discs still have had protection under the first-sale doctrine
Not true unfortunately. See: Vernor v. Autodesk; which was first ruled in favor of first-sale doctrine but later reversed by a federal court. There haven't been cases for video game discs specifically but I don't see a reason who it wouldn't be the same as this software, since they also explicitly mention you're being sold a license, not ownership.
The simple answer is due to popular demand. I remember when people were doom-posting about how chat GPT was making google obsolete before Google introduced AI summaries, and no one has been saying that after Google introduced it.
The five Supreme Court Justices who voted in favor of Citizens United and McCutcheon were all appointed by Ronald Reagan and George H.W. Bush. Had either of those two not won the presidency, Citizens United and McCutcheon would have lost their cases against the FEC.
People can still vote for representatives who want to pass legislation to undo those cases through congress. There's nothing that's stopping people from voting in representatives who are in favor of this (yet).
> 'screenshotting' is done by the operating system, and exposing ways to allow apps to know that they were 'in' the screenshot plus expose some metadata of their choosing sounds like a privacy nightmare
The apps don't have to know a screenshot was taken for this feature to exist; they could write into a passive "in case a screenshot is taken, use this as metadata" object data field that the OS uses when the user takes a screenshot
Not true unfortunately. See: Vernor v. Autodesk; which was first ruled in favor of first-sale doctrine but later reversed by a federal court. There haven't been cases for video game discs specifically but I don't see a reason who it wouldn't be the same as this software, since they also explicitly mention you're being sold a license, not ownership.