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Pemalite said:

If they can calculate their usage for upcoming patches that we have zero idea about in terms of size or scope, the amount of data for regular gameplay and of course take into consideration the amount of data required for a complete reinstall...

Then they can account for the data needed for the initial install.

Their usage is over many months and in future if they have to uninstall they would have prepared for that they would not have prepared for downloading the full 10GB-12GB of the game after buying a physical copy this is not a valid defence because no indication of of it being download only was ever given at most they would have accounted for a possible day 1 patch.