A good amount of retailers won't allow you to return games you've tried and have had no luck in fulfilling your needs. Guess what? It makes for a point in the Pirate's Corner. Just because "it can be copied" isn't an overall excuse to not give me my money back just because others might steal or pirate the game.
Also, the gaming industry has been, as of late, hijacked by titles that overly trying to compete with each other in terms of being multi-million (sometimes billion dollar) companies. Valve, Blizzard, Square-Enix, etc. They care more about the graphical settings within most games, what's compatible to which High Definition Screen, and many other essentials that gaming has missed since around the mid 90's. Not to mention that there isn't much mainsteam, creative competition these days from other companies who deserve to have a greater chance than the ignorant first person shooter.
Another thing that comes to mind is the overall product I am paying for. There's barely any reason for me to pay full price for a product, that can be inferior to it's predecessor (which the company seemed to pour their creative heart and soul into), when it isn't worth that much just because they need to pay certain people for their overpriced hourly wages. Modern technology is not a reason to add to the price tag. This is the reason to this very I haven't owned a PS3. Then there is the games themselves, which lack for the most part.
For instance, Final Fantasy 13. The story didn't have the quality of the previous installments, was only worthy in terms of being a random combat engine, and basically didn't live up to the $49.99 price tag on graphics and game design alone. The story component was missing.
I thought the band Radiohead did something ingenuius several years back. They allowed customers to decide what they wanted to pay for the in terms of the album, In Rainbows, quality. It was a genuine step in the right direction for an artist to directly show appreciation and care towards their fans. It also showed a willingness to accept modern standards and conventions for the times.
Even then, it's the videogame industry's job to make sure I the consumer obtain a superior product. If the product is over-rated, not worth the overall price tag because of certain lacking features, then guess what? Morally speaking I could just download it, send them a $20.00 "donation check", and I'd be guilt free forever.
What am I saying, in the end? That I the customer should have the right to determine for myself whether or not I have made the moral decision.
And guess what? I don't even pirate. Everything was just hypothetical, and here I am feeling better that in this scenario I didn't pay extra for content and quality that doesn't exist within the game. Give me a bad product, I will give you a negative response.
Treat the consumer the way you as the company wish to be treated.
Edit - I didn't even go into the multitude of games which are just rehashed versions of previous titles, copies, etc. Take risks instead of wanting the Halo Gold.