Eclipse: no, technically you aren't, read the EULA, the game you buy is not your property, you buy a license to use it.
Actually, EULAs are ineffective in MOST countries. The reason is not so much signing away your rights, but that they are only shown to you after you have made the purchase. The contract between you and the provider of the software is made when you buy the package in the store, and all conditions that apply must have been agreed upon beforehand, i.e. the EULA would have to be written on the box to be applicable. I have never heard of any country where the laws would give the EULA any significance whatsoever. As long as you're living in the U.S. or Europe I think its safe to say you can disregard or break anything the EULA says, as long as you do not violate any laws.
In fact I have heard a couple of times already where publishers tried to pull off that "license, not sale" shit, and it never worked. They sell you a license, yes, but if you buy a media they
also sell you a copy of the software. The misunderstanding is mostly that publishers failed to make the distinction between selling the software, i.e. a copy of the program on a distributable media, and selling the rights to the software. Selling a customer a CD-ROM to keep and do what they want with it, which is what a software sale is, does not automatically imply that you also give up your copyright unless you state otherwise in an EULA. That's just ridiculous.
Eclipse: A pirate that can't pirate a game he really like has only another chance to play it: actually buying it, so it's SURE that a part are actually lost sales
That was exactly the point that I was trying to make: you operate under the assumption that people are pirating games because they want to specifically play that game, which IMO is not at all the regular case. People just download the game because it is there, easily and quickly accessible and they can just download and install and play (which has not been the case for many legally bought games for a long time, just as an aside). I am pretty sure that not finding a game for download would not get many of the pirates to shell out lots of money for it. Instead, they will just download another game that they
do find for free download, or just forget about it altogether. As I said, most downloaders I know download so many games that it is pretty obvious they don't care too much about the specific games, they just download them because they can easily get them and try them out.