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2: Valve cannot force the game devs to do anything in regards to launchers.
Many games that use their own servers will use their own launcher to access those servers. Steam itself is the third party, the games devs are the first party in regards to games not developed by Valve.
As for #2, that isn't kernel mode either, and any adverse action against developers for using launchers would most likely result in anti-trust proceedings.
Of course this has gone way past the subject of the thread which was OP's concern about games shipping with kernel-mode components while citing components that are not kernel-mode.