I'm inclined to agree ... but on the other hand, from reading the Anime News Network forum topic it seems very likely the people running the company were operating in good faith and that the rug got pulled out from underneath them.

You could effectively ban DRM that depends on active servers or schemes like this where the content is always kept on theirs' by requiring them to post a bond sufficient to refund the customers who've been screwed. Not the full amount, but enough to compensate for value promised but not delivered. It would be essentially declaring it is not in the public interest to allow companies to play these games, but here's a mechanism if you're really determined.

Liability of some sort really needs to be established, and it would be wise for the companies playing these games to do something intelligent before extreme DRM becomes too toxic.