interesting convo so far
let me throw in a new spanner into the works.
What if you own the original published copy but download for convenience a digital one?
what about being frustrated with the DRM on some games that you can't get them to work when you have nero installed as they assume oh no mr pirate and are forced to get a crack to crack the legit game you just installed?
If you own the original published copy, then you are not pirating, you are emulating. This is the basic argument for keeping emulators as not illegal. When you buy a game, you buy the ability to play the code, so you are allowed to play said code on an emulator. However, you are not allowed to redistribute said code. Redistributing and recieving without the purchase of the game is pirating and then things become illegal. This is the basic argument against emulators.
as for your second hypothetical, apply it to a physical purchase. If you buy a game and it doesn't work, you bring it to the attention to the company (perhaps through a lawsuit). But you don't go stealing/pirating another copy