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If I pirate the game and then choose not to play it, have I financially deprived them in any way? I’ve not consumed their product.
A better argument is to (1) say that you wouldn't have bought it anyway, and (2) as actual supporting evidence cite the official EU study finding that the alleged displacement of video-game purchases by copyright-infringing downloads is fake: rather, infringement leads to an increase of +24 % in legitimate sales (vs. +0 % in music, −27 % in film and television, and −38 % in books).
1 wouldn’t have made any difference to the point, I don’t see what value it has to my statement. I wouldn’t defend 2 either, if nothing else but from a logical or a legal standpoint. It’s irrelevant whether or not committing a crime in the case of copyright infringement has the side effect of being beneficial to the producers of the product. The laws are already on the books and they say what they say. Now if I disagree with the law that’s the separate issue, but there’s no defense to be made at that point to determine if I’ve committed the crime by illegally consuming the product.
I’ve pirated movies I’ve never watched. I’m sure I had the intention at some point of doing so, or at the very least clicking through and catching a snippet of something to see if it piques my interest, but I don’t aimlessly download things I don’t use or need. And when I realize I can’t or won’t watch it, I delete it. It’s difficult for me to understand where exactly the financial harm is in that, but I’m sure someone could argue it.
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