You can go on and preach about moral and legal issues, but as long as EVERY EULA contains the phrases "NO WARRANTIES" "NO RIGHTS" "AS IS", i just reserve the right to try a software before i buy it.. face it.. quality is rare these days and you just dont see demos for games released (probably for a reason).
excerpt from BF2142 EULA:
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
So if its broken when you buy it, though luck.. you should have tried first.. oh wait, you cant.. ah well. (okay, BFs case is special as they do have a demo, but its the exception from the rule. most games have no demos out there)
IN NO EVENT SHALL THE FOUNDATION OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
So if something impossible happens, like a DRM.. say *cough* starforce *cough* decides to fry your hard drives.. then they cannot be held responsible for the damage.. good enough. Guess why im a software developer myself. Asking ridiculous ammounts of money for developing software on which i can then deny any responsibility in case it does not work or screws up the system it is running on is just a dream.. who wouldnt want to do it.
Oh wait, i actually take responsibility for my work and actually guarantee a continous bug-free operation and support in case something goes wrong included in the price. Guess what.. im working in the business sector where the customers are not 10yo kids i can screw over any way i want. Too bad for me.. no wonder i always planned on making a living from writing computer games.. where did i go wrong, oh please God tell me where.
Bottomline: As long as software developers can have the luxury to sell games / software on an "AS IS" basis, you shouldnt be suprised that piracy is thriving and that people are indeed using pirated software to make sure they are not screwed over by the publishers/developers.
Not everyone using pirated software is doing it to 'steal' from the developers.. but instead to protect their own interests.. In fact, i know quite a few people who buy games regularly - after they've made sure the games are worth buying. Its kind of like going a round around the block with the car you are planning to buy to see how it works/feels. Sure you can try and drive away into the sunset - like never buying the game just using the pirated copy -, but i do believe that most 'normal' people will just return the car and buy it if they are interested, or leave it if they are not.
So again.. hats off to those developers who actually take responsibility for their work and provide dedicated, continous support. Too bad the entertainment sector of software development is so full of useless, low quality junk.
Just to clarify, SoaSE's license agreement is no different in wording than the one above, but their software works, has great replay value and they provide support for it, unlike some other companies. It still hurts my eyes to see any contract where the manufacturer denies all responsibility for the work they do. I guess it must be because of the stupid american legal system where you can be sued for accidentally coughing at the wrong person that they write this kind of nonsense.
I guess i just live too far away from that world to understand.