>just demands that the company delivers what they advertised

I don't know any company that advertises "game will stay up for X amount of time and will always be playable". On the contrary I'm pretty sure every EULA specifies that they aren't. you're logging into someone else's server, so I should log in knowing that server won't say up forever

>EULA/ToS is invalid if it contains unfair/unexpected clauses.

how is it unexpected 30 years into the internet that "oh yeah, this is a server-based game, it won't stay up forever". It's unfair, but laws are rarely made with a goal of perfect "fairness".

> Disagree on it being technically infeasible. It's basically trivial:

Nothing is trivial in tech. Not unless you're talking on the scale of years. This isn't even a gamedev thing, it's just that there's always random footguns and pitfalls due to the nature of shifting to a attrition strategy instead of a retention strategy.

> You don't lose IP by distributing anything

if you distribute IP you do not own, you end up taking damages while also having the game taken down. very few games are made fully in house anymore.