IANAL, but I suppose they would be. The thing is no-one has taken the company to court
... yet, and then there is a little thing called a EULA which may indemnify them from any potential damage etc.
The best way is a boycott of their products.
Clarification: The EULA in regards to the game, and as Starforce may be viewed as
part of the product. It all depends on how a real court would view the interpretation of such.
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Contract law cannot contravene the laws of the country in which the contract is drawn. You cannot install a trojan device, to my knowledge, ANYWHERE in the world (with any IT laws) without the permission of the owner.
I won't be surprised (if this is true) when Ubisoft have to make reparations to the US community under penalty of class-action.