This is true. Game software is just about the only consumer product I know of which a person can purchase, use till their done with it and still have the original to return. Not too long ago it was fairly easy to return it and keep a copy of it as well. That's why it's treated differently.
This issue is irrelevant, because retailer policy dictates otherwise. Not that the blame lies on any publisher or developer, but that it is an INDUSTRY WIDE practice, and not some sort of "dirty little secret"...
The only comparable thing I can think of is High-Def TVs on Super Bowl weekend.
Again, you are asking for "proof" where it has already been deemed a "non-issue", especially if you are going to buttonhole game software into the same time frame. Basically you are giving up your right as a paying customer (because of WHEN you made your purchase) to "the greater good". Nice job and all, and thank you for letting "them" think that they can keep getting away with it!
Food is consumed and can't be returned. Sound systems can't be returned and still used. DVDs might be similar, I don't know the return policies on them but it's possible that rental stores reduce the frequency of buying/watching/returning.
IF you are at a restaurant, and your meal was not delivered as you ordered it, you have IMMEDIATE, DEFINITIVE recourse, and because they'd rather have you come back than not, they WILL accommodate you, and (gasp) perhaps even give your next meal free, or at a discount. Sound systems still fall under the "return policy" of retailers, (in the US, usually at least 30 days, with proof of purchase, sometimes more), never mind the Mfg'er's warranty, so technically, YES, they can. DVDs are, in a nutshell, considered the same as "game software", and do not enjoy the same "refund" benefits that other consumer products do. That being said, movies have a certain, far shorter, "shelf life" than games, and those measures, while in place for seemingly the same reason, are more appropriate for movies, as they CAN be "consumed, re-packed, perhaps copied, and returned" in such a short span. Not entirely true with games. (Not to say that it doesn't happen, but that it's much less likely). NOBODY needs inspiration for MORE excuses!
It is problematic to try to treat software as though it was a more normal consumer good.
WRONG! If you spend your money on a product supposed to do "X,Y, & Z", then quite simply, it needs to do exactly that. When you buy it. Period.
If you buy a house from "Contractor A" (i.e.- the person/company responsible for EVERYTHING that happened in that house), but they contracted the plumbing to "Contractor B" (who did the best to their ability given what "A" left them, but didn't get everything "right" because it wasn't their plumbing to start with), who is responsible?
The standard answer so far has been "The CONSUMER!", and quite frankly, that is all sorts of messed up!!! In fact the reasoning defies logic. It's like saying you buy a car, and once you drive it home, the salesman calls and says: "Hey, thanks for your purchase and all, BUT, don't try to open your windows, because they might crash into the door frame, leaving them inoperable. Oh, yeah, and also, if you are going faster than 50 MPH, DO NOT turn your radio up, because the power consumption might cause your engine to stall! Don't worry though, we're working on it, but you'll need to wait a bit..." That makes sense how?
Now I know that the nay-sayers will ask "But how can you compare your personal safety to a game? They are 2 different animals, and need to be treated as such!"
To that I say BU&&%$!T!!! If you, in good faith, pay for an item (any item, regardless of the lethality via negligent design or use), you are entitled to exactly what that item was (at the time of sale) presented as. Nothing more, nothing less. BUT, (as is the case here), you are presented with a "work in progress" advertised as a complete product, than I personally think it would be in the seller's best interest to "ki$$ a little a$$"...