Class Action lawsuits are the death of the American legal system. Yes, some are actually beneficial, but for every one CA lawsuit that is justifiable, there are probably one thousand that aren't.
The simple truth is that 99% of the people who bought those video cards probably could have CARED LESS about them being HDCP compliant, and never in their life would even consider installing a HDCP monitor to these cards.
Now that there is a CA lawsuit, these 99% of people (who have not been hurt physically, financially, or emotionally in any way) just want their 'free money' and otherwise would have never even thought about suing ATI.
The 1% who actually WOULD care about this being HDCP compliant, I'm sure are tech-savvy enough to have either 1> Make it work somehow, 2> Contact the retailer or ATI directly and reach some kind of conclusion (whether it be refund, exchange, or what-not), or 3> Switch to Nvidia and never purchase an ATI product again.
Also I have a feeling that the 1% who were well off enough financially to actually want to spend extra money on HDCP compliant hardware were also well off enough financially to just forget about it, and buy another card.
Let the people who have actually suffered damages sue ATI directly, and let the free market REMEMBER about their little 'false advertisement' scheme, as this will hurt them much more than any lawsuit ever could.
The only people who come out ahead in CA lawsuits is the lawyers. Company "A" gets sued by 1000 people for a million dollars. The Lawyers keep 40% for themselves. This means that the lawyers make $400,000 and each person gets $600. I'm sorry, but if/when I'm even in a position to where I have been hurt so bad that I need to take it to court, it's going to be for a heck of a lot more than that!