There isn't a ''real world'' analogy. This is a sale of goods and as such is governed (in the USA) by Article 3 of the Uniform Commercial Code. All sales, whether the goods are digital or not, carry an implied warranty of merchantability. This means that the product sold can be used under normal circumstances. Here, the buyer received nothing for his money. Do not be distracted by the digital world of downloads, DRM and software licenses, the UCC nevertheless applies. B&N has stores all over the country and is subject to small claims courts and perhaps even class actions. After a few lawsuits they will wake up and stop this practice.