A lot of people will avoid Xbone in that case and Sony's platform will get more sales, the second hand market is going to be tiny if you don't sell many games.
Plus the EU will probably have something to say about the steady erosion of consumer rights.
yeah sony will get more sales but I see lot more games becoming platform exclusive to push gamers where they want to go. remember publishers are out to make money if they make money out of 2nd hand games they will push that console.
I do think sony will charge for 2nd hand games, after all they pantented they own technology to do so to.