It seems to me the original essay's point is mostly semantic, dressed up with some ridiculous examples. Whatever words or metaphors are most applicable, it doesn't really change the moral/ethical questions.
And gaming, where software is consumed, and not used as a tool for financial gain, is a unique question of it's own.
I would say there are software companies that are very stupid about how they approach piracy, and deserve to suffer financially for the choices they make regarding DLC, prosecution, etc. But there are also "pirates" or "thieves" or "trespassers" that are wronging software makers and flaunting it.
"[Our former customers] are unable to find software which they WANT to play."
"The way to solve this problem lies in how to communicate what kind of games [they CAN play]."
Satoru Iwata, Nintendo President. Only slightly paraphrased.
