Doesn’t a user have to install the software and agree to the license in order for said license to be deemed “used”? If the software package was not opened, the software not installed, and the license not agreed to, the license was therefore not used and I see no problem in reselling the package. In that instance, I wouldn’t call the software “used”.
One of the arguments in the case was the software that was sold at the garage sale should have been destroyed or returned as part of a company wide software upgrade agreement with Autodesk. If that were the case, one would think there would be a not for resale sticker or something etched on the box..