As a rule I dont buy SF protected games and I warn every gamer I know about the danger the SF drivers pose.
As for taking it to court it wouldnt be much of a trial:
Lawyer: You work for <insert game publisher>?
Witness: Yes.
Lawyer: SF protection was intentionally included?
Witness: Yes.
Lawyer: Did you research it first?
At this point whether the guy says yes or no the game company is admitting to criminal negligence =P
If they researched it and failed to warn the consumer = guilty.
If they didnt they failed to ensure their product was safe = guilty.
Contractual limited liability clauses dont apply to criminal cases only civil torts brought by the consumer
