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Not only would a class action lawsuit pretty much guarantee that Ubisoft never produces a sub sim again, it would also be a shot accross the bow of any other company considering it.
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Ubisoft was sued for $5 million over use of Starforce in SH3 and other games in a class-action format. Didn't stop SH4 production decisions.
This running about in fear for SH5 is ridiculous. After the SH4 debacle it's very unlikely, but even so the business decision is just that. Anything said here either way isn't more than a fart in a whirlwind.
Google on "class action lawsuit PC games". You'll get thousands of hits. There have been many, MANY class action suits over the years and they continue today.