This is probably less of an issue if this is the case. If they refuse to support the OS at all, that'd be a problem (and worth a lawsuit).
Not worth a lawsuit at all, and the fact you even went there is ridiculous. There is no guarantee that software will support your hardware. If you consider that lawsuit-worthy, you better start suing all these different Linux distro groups that don't support X hardware or Y feature or sue games publishers because Crysis 3 won't run on your Pentium 4.
Microsoft is playing hardball here, but I don't blame them. If they really want to make a difference, drop Win32 support.
You do realize the scenario in question is H/W that's been supported since last summer, right? So no, it's not at all like the scenario you're describing.