I know this is a bit pedantic, and I may be misremembering, but I believe the requirement is that the company has to be able to give that information in response to a request in writing, so I don't really think it's an "at any moment" thing. Of course, if a big company expects many of these requests it makes sense to automate that process rather than have it handled by customer service, at which point it might as well be available on demand, but I don't believe that's a legal requirement (in part because it could be very difficult for smaller businesses to achieve in a safe manner).
If I recall correctly (which I very well might not, since it's been a while since I was reading up on this and my memory is terrible), the upper limit on a "reasonable" response time was a month. Not that I think that that's a desirable implementation.
Anyway, I'm glad to see the community applying scrutiny to CBS' implementation. It would be foolish to expect a big company to do the Right Thing, even if we do like and trust individuals who work for it.
I find appeals to lore in response to this kind of question pretty unconvincing. Sure, orcs are inherently evil, but that's only because they were written that way, and writing them that way conveys ideas to the audience, deliberately or otherwise. For example, it suggests that it's possible for a class of thing to be inherently evil purely by the nature of its being. "Sure," you might respond, "but they're just monsters; we all know that people aren't like that". But we don't even have to go back into history to see whole segments of humanity being dehumanised, dismissed as evildoers.
A world-view is embodied in the lore. Appeals to the lore can't allay this sort of concern; the lore is part of the concern.
I still might get it, though. I played a lot of the original.
It's a shame to hear about any studio struggling, but eventually any company that hopes to stay afloat needs to find some commercial success.
But is it even right to think of Tale of Tales primarily as a company, rather than as a two-person artistic collaberation? It's easy to always defer to market realities, but not all things are business-first. For example, while businesses are necessary for the production and distribution of most films, we don't describe the creative team as a company. The film director or writer is not generally an employee of some movie developing house. They are independent artists, and while the financials obviously figure into whether or not a film gets made, and they have to shop their scripts around and so on, the actual business of turning this piece of art into a commercial venture is in somebody else's hands.
I'm getting at it in a scattershot kind of way, and there plenty of complicating details I won't get into (such as how a lot of people who work on films are employees of a contracted company), but my point is that it's not a given that we have to approach this as nothing more than a straightforward business arrangement. Making games is at least partially a creative endeavour, and as such it's entirely appropriate to consider the various methods for funding the arts, current and historical. The money has to come from somewhere, and funding the arts isn't easy, but there are systems available other than just hoping to sell enough units.
Not to put socks in any of you company of heros fans mouths but when Dawn of War 2 copyed the Company of Heroes model it was seen as a resonable failure and turned into basicaly a SC2 custom map spin off last stand beacuse people hated the COH style game play in it so much compared to the original Dawn of War.
What on Earth are you talking about? DoW2 and its expansions were all received very well. Last Stand was only added in the second of the two expansions. Sure, its runaway success overshadowed the original single- and multiplayer somewhat, but that speaks more of its own quality than any failings of the original game modes. Some people were very annoyed with the CoH-style gameplay, but a large portion of the audience greatly appreciated it. Your post reads like someone who can't see past their own bitterness that the sequel wasn't more like the original.