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...
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.