Gundato: Except that Valve never advertised it as NOT having DRM beyond Steam. Hell, most boxes don't mention DRM at all.
So there is no fraud, at all.
And, you know, from what I recall of the TOS/EULA/whatever, you are really just leasing access to their server for the game or some crap like that.
At best, you have an incredibly weak case that might (after MANY dollars) result in stricter rules regarding what boxes have to say. But a strong case? not at all.
Delixe: The issue here is that the Credit Cards consider it fraud and they can be brought to bring evidence that it was fraud and why they think its fraud. Valve haven't a chance legally against Visa or MasterCard.
Yes I have seen their T&C's but they still need to have a VERY good reason for terminating your service. Because they don't like you is not good enough not in any court that I know of.
I still say its a stong case and you would win. If the end result is big stickers on boxes saying "TAGES Inside" then I think most of us here would like that. Also Steam would have to include a checkbox to let them know you accept installing the DRM.
What exactly are we saying is fraud? Because if not talking about every single aspect of something on a box is fraud, I am going to sue the crap out of Rocksteady for not mentioning that there was two minutes of First-Person gameplay in Arkham Asylum :p
Or are you saying that Valve should be held accountable for refusing service when/if they ban your account? Honestly, I have yet to see a case of someone getting their actual account banned for anything short of extreme harassment on the forums/in-game, cheating (with something like fifty bots running...), or piracy.
And actually, it IS a good enough reason to just say "We don't like you". Retailers/sales people have rights too. If you go to the same store every day and act like a jerk, they have the right to request you stop going there.
As for the stuff you already own? Okay, let's pretend you play minigolf somewhere. And you bought some balls a while back. You get banned this week for taking a club to the windmill. They aren't going to reimburse you for the balls from last week. As for the balls this week? That is a grey area, but you essentially already used the "time" you bought when you bought the balls.
Again, there is just not a case here. The best you can hope for is a legal farce that just drags on in court and results in another bit of small print on a box.