zakius: they can say why their sieve failed to catch the sub-par release before signing the contract and how they are improving their approval mechanisms, that has nothing to do with the contract you are talking about
*unless* they knew, but got some extra money and decided it's worth a try, but that's not exactly how stores work, is it? what would the deal have to be? gog getting 100% of the price for the first X days after release? that's not impossible, but very unlikely
it's almost certain someone just skimmed through the game, it seemed to work and got approved despite having some parts of the game DRM-ed
there's no issue with admitting that and doing that honestly *and early in the process* would be a great PR move
though on the contract level I'd require the DRM-free clause and if DRM of a kind is identified in the release the contract is void instantly and automatically and it's clear they missed that precaution too
My take on the situation has been the following: GOG is GOG because Steam is already taken.
If the owners of GOG had the option to become Steam, with the market share and profits this entails, they'd drop their drm-free policy like a hot potato.
Given Steam's momentum and resources, the only feasible way they could gain a foothold in the game store industry was by targeting a niche and focusing on catering to it (ie, old games, drm-free) and that's what they did.
I think once they had secured their niche, they entertained notions of expanding beyond it into Steam's territory (101 playbook for crossing the chasm in the tech industry), but given the quality of what Steam is offering (once you buy into the fake ownership sham) and the aversion their existing audience had toward what Steam is offering, that backfired.
I think the Hitman fiasco was just that: Them trying to push the boundary into Steam's territory and seeing how far they could go.
My intuition is that if they felt inclined to give you a transparent explanation concerning what happened, that's what they'd tell you.
Some people might be shocked at the idea that their knight in shining armor is not holy. Personally, I don't mind that GOG's drm-free stance is a product of circumstances as opposed to genuine principles, as long as I get what I want out of it (drm-free games).