Compensation from Sony to the game makers. I agree, quite a few newly launched titles on the PS3 are likely to suffer loss of sales that will never be recovered. Like how a movie that makes most of it's money on the opening weekend.
Have you ever read the EULA for a proprietary platform? Not only do they disclaim liabilities, they also threaten to take a kidney & first born should you so much as dare think about holding them responsible.
Legal agreements between companies for material contracts look nothing like an EULA.