He should have fought the lawsuit. A warranty is not a material, or a part of the product itself, and thus his game is not materially different from a genuine product. So whether they mean the legal definition of materially different, or the laymen's definition they lose. Secondly, he could simply offer his own warranty to whoever he sells it to, and their argument would further have holes poked in it.
What's really interesting here is that there's almost immediate outcry for this sort of thing, when it comes to physical, but when Steam, and other various forms of DRM stop you from being able to resell your digital games, nobody bats an eye.







