HiPhish: That's what I mean, he wanted to go through his purchasers and decide "this one gets a Steam key and that one doesn't" based on who was in favour of GG. He removed it completely from Desura because they did not allow for consumer discrimination, so now no one is getting anything.
In that case, then it's only illegal discrimination under
very limited circumstances. Under the Civil Rights Act, you can't discriminate based on race, color, national origin, or religion (that's on a Federal level, though; states can have similar statutes that protect more categories of people). For any group not in that list, the court has to engage in analysis to determine if the discrimination is purely arbitrary or if there is some legitimate business purpose to doing so. All kind of moot since it seems like no discrimination actually came to fruition. At least, that's my take on the very limited data that I have, and there is always room for error in law, especially without engaging in more extensive research.
That's a fairly basic overview, though; I can't dig too much into the weeds on this right now due to real life constraints.