I wonder how this can even be legal in Europe. If someone sold you something, its yours. AFAIK, There is enough consumer protection to stop most EULA bullshit. So it seems it only needs someone to sue and some proof microsoft used the word 'sold' when you bought it.
I doubt the law requires anything more than the full refund which MS is providing.
Similarly, if someone sells you a physical product that is faulty, the seller is not required to produce a replacement, they can just refund you instead.
> the seller is not required to produce a replacement
As well they cannot demand any such thing - the country's money is legislated to be accepted as a settlement for any kind of debt. It's the "legal tender" thing.
Defective instances are a random (though not unpredictable) event occurring independently between instances, with no influence by the manufacturer, designholder, or vendor.
Hitting the Molly Switch on a DRM service is the exact opposite.
The UK Consumer Rights Act (CRA) appears to anticipate this as it has no absolute date beyond which goods should remain suitable for purpose.
Digital goods should last infinitely, so a digital good that 'expires' should be fixed or the cost fully refunded (fully as there are still an infinite number of years of use left available; and that should be accounting for inflation too).
That's like saying the car factory is allowed to take an old timer from you if they refund its original price.
Can I use the money to buy the same book? Is my time lost searching for this replacement worth nothing? If I added annotations, do they end up in the new book? If you answer any of these questions with 'no', its not fair enough.
You could have originally bought it on sell and that sell is no longer available.
You could have added value to the ebook by way of adding annotations.
The ebook could have had better display than its competitors, if it and all other equal quality displays vanished, they are now very rare. Someone would be willing to pay more than your original purchase price if they could now get that display experience.
What's the definition of "fair" here? There are many scenarios under which that makes no sense. Is the price inflation adjusted? What if the currency in question tanked in the mean time? What about actual labor done on the copy (annotations, notes, ...). Not faulting Microsoft, but we really need to rethink this model.