There may be questions around what "purchasing" a game may mean in terms of a "license" or whatever, but I don't think that's totally relevant. That games don't come with proper warranties and proper refund policies seems to be more of a relic of days when it was easy to copy software, rather than some well thought out policy that's beneficial to the modern market (particularly to the consumer side obviously).
Even when I only "rent" some kind of non-gaming product, I'm pretty sure that I almost always have a right to a refund if the product is defective. So in the case of No Man's Sky, does it matter that it didn't come with a warranty? I can't even remember having this discussion with any other purchase category. My movie ticket doesn't have a real manufacturer's warranty that I know of, but if the movie starts stuttering half-way through the flick, I'm pretty sure I could get my money back easily. If I buy a Dyson vacuum, yeah I guess there's a warranty, and I've never really had a problem refunding a defective appliance. If I buy a eBook from a storefront, I feel pretty confident that if my book was missing pages or started crashing my eReader, I can get my money back. If I buy a paperback, and it was missing pages or the pages were miscut so as to be unreadable, I'm fairly sure I can get a refund. If I order a dinner, and the food is undercooked or missing part of what was advertised, I'm fairly certain I'll be compensated.
The game was (possibly still is) arguably hugely defective. Like I've said in other threads, the game crashed for me more than any other game on PS4. Not just individually, I think it may have crashed more than the rest of my games combined. I felt pretty entitled to a refund. If this were a defective DVD, book, meal, computer, pair of shoes, or practically another other purchasable item, this conversation wouldn't have gone on so long. This whole debate around refunds seems to only come up with video games because of people's unhealthy relationships to developers and games and the disgusting amount of corporate ballwashing that goes on with gaming products.
I don't give a flying shit if they lose money off my refund, that's their goddamn problem.
Devs aren't our friends.
We don't owe them anything.
The shmucks should sell an actually functioning product next time and not lie out of their goddamn asses about what the product entails.
End of discussion.