If they hadn't fixed this with a patch, I could see a class action lawsuit on the horizon for fraud. You can't sell something as working when it is not.

It is included in the description.

Please be aware, the Deus Ex: The Fall play experience is currently restricted on jail broken devices. Do not purchase if you have voided your warranty and have Jail broken your device.

I'm not sure whether that's exactly fraudulent (equivalent for people not reading what devices an app supports and purchasing it)

On the other hand, the developers built the game with the assumption that you'd be playing on the basis of a standard set of software. If you change that software, the assumption is broken.

I wonder if the TOS says anything about agreeing to not play on jail-broken devices...