There have been multiple. It is considered illegal**

** This is here to point out that it being illegal can be interpreted in multiple ways. Some steps of the process have not been covered. Like "is writing everywhere that i allow you to buy a thing or possess it but only give you a temporary licence to play it under TOS and EULA that you cannot physically read legal?"

What constitutes this "type of case" and are you confident a judge won't create a new distinction separating this one from previous ones?

The most famous case decided in consumers' favor was about recording tapes from TV broadcasts to watch at a different time. https://en.m.wikipedia.org/wiki/Sony_Corp._of_America_v._Uni....

You can make the argument that any precedent might not apply to a new case due to a distinction being made. The nature of precedents seems to be that they are a set of basic facts, a judgement, and only a guide as to how future cases might be considered. Of course every case is unique in some ways that may or may not matter.