This was also partially due to a misscommunication on Square Enix's part. Apparently they didn't tell Gamestop until very late, that they had entered into the deal with OnLive. That being said, I'm sure they would have tried to get away with it (not because Gamestop is evil, but because any large corporation will try to sneak something by in order to make some extra cash) even if they had been told and claimed ignorance.