I think a lot of this is also "luck" for the sellers. The end-user has been "cultured" into accepting patching, crashes, and freezes/restarts.
If this were any other domain, where someone paid for entertainment (theatre production) and 1/2 way through the cast members jerked, stammered, and froze, then the curtain came down and they started all over again from the start the entire "audience" would be up in arms, looking for their money back. Rightly so.
Where as gamers tend to be pretty forgiving. At least up to this point. However, where I see this changing is all the casual gamers that are coming in from the cold. I imagine the first time a Wii game freezes for a legal professional, there will be test-cases ahoy.
I don’t know if this goes in the direction you were asking, Deek, or whether you wanted to more focus on the legitimacy of EULA’s vs. Consumer legislation.
B.