I'm actually a lawyer that does work in this area. I have worked on several multimillion dollar lawsuits with EMI dealing with this issue.
By the way, I am not giving legal advice, and I am not offering to represent or currently representing anyone on these forums to the best of my knowledge. Always seek independent legal counsel to determine your exact rights and recourses in your specific jurisdicition under your specific facts. The following is just my opinion based on my experience and training in the laws of the UK and US.
OK, now that we have a basic disclaimer out of the way...
The problem I have with the terms is using the phrase, "Stardock and TotalGaming.net don't use DRM" so freely. It's false advertising and I believe it's illegal in most places of the world.
And which countries and under which international trade treaties exactly are you basing this? Stardock is fully within their rights to so advertise, because, point in fact, they don't use DRM. A better case could be built against
you for libel because you published that statement in a public and permanent manner. (I'm not saying he is guilty of libel, and I know the law is in flux over whether internet messages should fall under libel or just defamation.) To accuse a corporation in good standing of engaging in knowing illegal activity is a serious allegation.
DRM specifically limits the obligee (purchaser) of a contract for the sale of goods from using the consideration (in this case, the game) on multiple legally owned platforms that the obligee has custody or control over. This is in no way what Stardock is doing. If you purchase the game, you are free to install it on as many computers you have that will run it. You will need an internet connection to get UPDATES, but the original packaging does not guarantee a right to unlimited free upgrades. Even in their licensing agreement (which I read, I'm a law nerd) - they reserve the right to improve the product with or without notice AT THEIR OPTION.
Yes, it requires an internet connection to get the free updates once you have legally purchased the product. But the free updates are not part of the original bargained for exchange. It does NOT need to be listed in the system requirements. The updates are a bonus (Thanks Stardock/Brad/All) done at the discretion of this company.
The updates are high quality and increase the value of the product. They are offered free with the only requirement being that you can only get them through Stardock. Legally, I think the updates are probably a gift, because there is no new consideration required, and you have an offer (through SDC), delivery (through SDC) and acceptance... by you when you get the updates.
To try and reduce this from lawyer speak... there is no DRM, because you CAN use what you bargained for when you bought the game on multiple platforms, you are free to install the game on multiple mediums. The advertising does NOT claim to offer any of the things you are complaining about. That you chose to copy and not to install is your problem, but they made no guarantees or warranties that you would be able to freely copy. They claim you can freely re-download the product after it is registered. This is an accurate claim.
They are managing the digital rights to the game by requiring that you activate it if it's moved off the hardware that it was originally installed to.
But moving is different than installing, and that is not managing the digital rights. If they forced you to buy a seperate copy for each computer, THAT would be (probably) an example of DRM, even then you need more facts.
If we're going to make free updates, we have to have some way of knowing that the person dowloading the free update actually has the game legally.
And legally they don't have to do this at all. It is a wonderful gift. If they required you to mail order and pay for postage for all updates they STILL wouldn't be violating DRM.
I understand you are frustrated because things aren't working as you hoped. And you have built a cogent argument. But it is not the law. And the facts do not support your conclusions.
Good luck when (if) you finally get around to playing!