First I didn't argue that it was morally justifiable, only that software companies often engage in unethical behavior that nobody seems to comment on and that this behavior results in more piracy.
Second, piracy is not theft it is copyright infringement. In a theft if a person has a piece of property stolen from her/him then that person doesn't have it any longer. In copyright violation nobody loses the item, but additional people have it without paying the right holder. Even if there is a loss of future profits this isn't the same thing as theft since other crimes (like vandalism) cost people money but are also not theft. There is a legal distinction between the two.
Thirdly, if you do believe it is theft then it is treated far too harshly. If somebody shoplifts a copy of a game they are likely only going to get a fine of a couple hundred dollars and virtually no jail time even in the worst case scenario. If a person is prosecuted for copying a game however they could get a $250,000 fine and 5 years in prison for each count.
Fourthly there is a distinction between the moral issue an the legal issue. For example, if a starving child shoplifted bread I would not say that she/he deserved punishment in any moral sense, though it was still against the law.
Finally, I am not using a pirated version of the game. In fact, I have not played it at all. I was checking to see if it was buggy because I was thinking about buying it and an acquaintance mentioned that she just started having a corrupt patch error (and I think this person bought the game). When I looked up the error I found this thread. Also the reasoning behind my claims is independent on whether or I am pirating, never pirate, or even never play video games.
Popinjay