The way the law works is that intent matters more than the actual written word. Even if the law explicitly says "renting needs a licence but resale is fine" you wouldn't get away with a "loophole" of saying "ok you're really buying a disc from us for $10 and then we buy it back from you after a week for $5" because it's clear that you're just doing renting with extra steps. It wouldn't survive any judicial scrutiny.
