I'm a believer in capitalism, but I don't believe in unfettered capitalism. Consumer protection is an important thing, as is protecting industries to prevent them from being raped and destroyed by the people within them for short term gain that winds up costing everyone else in the long run.
Socialism is by it's very nature a system where the goverment pretty much controls all property and commerce. I don't care for that. I prefer the goverment stay out of things as much as possible, which creates a very fine line you need to walk.
Right now the problem with gaming is a complete lack of consumer advocacy. Paranoia over piracy and crazy demands over IP rights have created a very negative climate for the consumer, as have things like the proliferation of digital downloads. With games a big part of the business is to keep customers as blind as possible to the product, control information released by the media, and perhaps most importantly maintain an enviroment where someone can't viably return the product they purchused should it turn out to be defective, not as advertised, or of low quality.
Someone who takes a "your only out $60" mentality has the wrong attitude, and is probably in possession of enough money compared to the rest of us where they are jaded about the value of the dollar. That's not an insignifigant chunk of change, no matter how you try and justify it.
I'm not sure if a duplication of the "Lemon Laws" is a good idea, but I do think that rather than legislating all this protection (or more accuratly the abillity to engage in exploitation) for companies around IP laws, serious action needs to be taken to protect customers in a developing industry.
Whether a product is sold digitally or not, there should always be a viable return policy, and I also think we need to see more information being required when it comes to IP based products like games. Similar to how you can get vehicle reports on a car your going to buy, even if it hurts the company producing the vehicles. I think a lot of solid information about games needs to be revealed before they are allowed to put it on the market, including frank analysis of bugs, the amount of content, and even the play style. Even with things like Demos out there, we have a serious problem when the game you get and the promotional material don't wind up matching.