Then the PC Games industry wouldn't exist (maybe that wouldn't be such a bad thing in the long run)?
What I mean is that I agree with what you are saying... But the games industry is the only industry that I know of in the U.S. where they CAN sell essentially defective and unfinished products, legally, and get away with it and not be held accountable because of EULAs.
I am not a lawyer, but the main thing that companies can defend on is if the game runs on something like 70% of hardware (usually, the QA test sampling).
So, in other words, just because it doesn't run for one person, or maybe even a thousand people's systems... If that percentage (even in 1000s of people) is less than 70% of the total people who bought the game (millions), then the publisher/developers are protected is my understanding.
This is exactly why no EULA will ever be tested in court becuse of the mathematic "loop-hole" that I read about above.
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Sure they may get away with it legally but if people stop buying their defective products they go out of business. What is irritating are apologists who go about defending this dubious practice in the first place.