How about you have a 3080 gpu pc with a good mining card die under warranty and they send you back a nerfed gpu in the new replacement pc. you may not be able to win in that lawsuit.
but see below:
How about you have a 3070 and it arrives doa today may 18th as you won it in the Newegg Shuffle on Friday the 14th, it was old school model so you send it back
and they send you an LHR replacement.
I see lawsuits all over the place.
You would win that lawsuit the case in bold.
I don't see a difference unless you are referring to the retailer replacing the DOA.
The only angle I see is the "equal or better" provision in manufacturer warrantees.
A nerfed replacement is not "equal or better". Nvidia could choose to give you a nerfed
version of a bigger model or just give a refund for your DOA.
IANAL but I see unfair business practice in intentionally targetting one crypto algo.