They explicitly do not say that.
If you bought the game and can't play it, due to Ubisoft's deliberate decision to tie playing the game to their server being up, then you should be entitled to your money back.
That would be nice, but it isn't the way things work.
Especially if the issue in the case is just about how much to charge for replacement keys.
Depending on whether Ubisoft really sees this DRM strategy as critical to its survival, it might settle such a suit, or try to head one off before it got to court by changing its DRM policy.
If the merchant refuses, that's what a merchant agreement is for... Time to call my bank and get a chargeback. Fuck 'em. They can get the money back from Ubisoft for selling me defective product.
I don't care what type of "click wrap" license they try to foist on me. That shit doesn't hold up in court as legally binding. In the end, my bank will get my money back.
Caveat Venditor...
Yet.
Wait 'til the Pirate Party's been in power a few years...
There was the PS3 incident a week or so ago and the Zune incident a couple of years ago. But I don't recall Apple having any issue like this.
It's been quite a while now that no matter how much you pay for a device it's still owned by the company that produces it. You're only allowed to do with it what they deem acceptable. Apple is simply the poster child for this kind of behaviour.
As long as we keep accepting that companies have a say about what we do with the property we bought from them after the moment of purchase these kinds of stories will continue.
In the case of AC2 people with legitimate UNMODIFIED games are being left without their product. I'm not supporting apple for locking the hardware but I don't think your comparison is fair. It would be a lot easier to compare with the Zune or the PS3 in which cases the platforms were also unmodified and suffered down-time due to a manufacturers mistake.
While it's an ass-move to pull, and I seriously disagree with them doing it, it's fully within their rights. If you change your hardware / software, and don't expect things to possibly fail when you apply an update that doesn't expect modified hardware / software, you are an absolute moron.
I don't see how Ubisoft isn't getting sued for this. Here, you can own this object, it and everything on it are yours. But, if we decide so, then you can't use it at certain times, even though you paid in full to be able to use it at any time.
Sure this is being a little harsh because Ubisoft didn't do this on purpose, but seriously, this is ridiculous.