EA was being sued by several dozen people in the California state court when they dropped their DRM requirements, which was good on the one hand but also meant that no judge ruling was made on the case.

The general legal assessment appears to be that when you buy a product you own that product and should not have to jump through hoops for these companies, especially since they are presuming guilt (that you are going to steal their game) and demanding that you prove your innocence which is the direct inverse of the law (where innocence is presumed and guilt must be proven). The DRM situation is exasperated because the packaging is frequently confusing or contradictary on what is required.

Ubisoft's actions therefore remain legal until they are challenged in a court of law, whereupon I strongly suspect they will be found to be breaking the letter and spirit of the law. We just need someone to sue them over it. Anyone want to have a go?