I'm with the people that think it's fine as long as it's out of print. I actually usually try to buy older, out of print games off ebay and such though. Even if it's not supporting the industry, I like having the actual packaging and stuff, and it'll in many cases at least support a gamer who might spend that money on other games (and spare them from taking it in the ass selling games at EB/Gamestop). However, sometimes ebay prices are down right criminal. Some rare games sell for $200+. I'd feel more guilty paying such absurd prices than I would pirating the game in those cases.
As for my feeling about people pirating available stuff, I'm pretty neutral. While there are certainly people that have the money and would buy a game if piracy weren't an option, the idea that every copy downloaded is a sale lost is absurd. It doesn't make it right or justify it in anyway, but if there was no chance of the person buying the game anyway, it's not all that damaging to the industry and is a pretty minor offense imo.
Of course there are people that simply look at it as a way to get things for free regardless of their financial ability to make the purchase. I have absolutely no love for these people and this is a serious problem. However, in my personal experiences, I think this type of pirate is much rarer than the industry leads people to believe. I've known plenty of people with modded consoles and stuff(especially in college), and all of them did buy games as their budgets permitted.
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