Tricky question: Would piracy still be illegal if the copyright lobby didn't have billions to blow on changing laws in their favor and manipulating the media whereas pirates are generaly non-profit?
Also, who was responsible for uploading spore long before the actual release date? It has to be somebody from EA or Maxis because it didn't feature an emulated copy protection like most games. That only happens if it's intercepted before the gold version is produced.
Conspiracy ahoy! EA intentionaly uploaded spore so thy could point fingers at the pirate bay in case their hype didn't have the desired effect.
To keep up with the restaurant analogy: The silver platter was intentionaly made very bright to conceal the disapointing meal and you are being charged for eating from the platter as well. Furthermore, everybody who orders it is pre-emptively ordered to do the dishes before you get your food and you also pay for the tap water you use while doing the dishes. Meanwhile, other people look up the recipie online, make their own dinner and eat it from a regular ceramic platter. They still have their retina's, cash and sanity.