Maybe, but it's hard to feel sorry for anyone who knowingly bought into the deal. I will, on very rare occasions, purchase DRM'd products, but when I do I know full well it's my own darn fault if I end up losing access to them.
Not everyone researches the DRM in their games before purchasing. Some people just buy the box at Best Buy. Seems unfair to expect everyone to know these things ahead of time... shouldn't you be able to just buy a box at Best Buy, and rightly expect to play what you paid for?
Hence the "knowingly bought" qualifier. I sure agree that you ought to be able to expect your fair use when you drop your cash, but unfortunately the days are long since past when that's been the case for anything content related.
Ya that is true, ff they know what they're getting themselves into, I don't feel bad for them. If I had to guess, though, I'd say that the majority probably don't.