The fact of the matter is, software piracy is a fact of life everywhere on this planet. And it's a vicious cycle that no one can get out of. Putting the strict legal interpretation aside, a number of points to consider from a commercial and social dynamics points of view,
1. Most softwares are priced for the developed countries where the average income is markedly higher. And most softwares don't have a 3rd world country discount.
2. Many softwares prices are calculated with corporate purchasers in mind. Many SOHO and individual users often just can't comprehend the RRP, yet they are expected to be fully compatible with these corporate standards.
3. Piracy is just as rampant in the developed world. Many if not most famous crackers are well educated and extremely computer literate.
4. In order to make up for the profit loss to pirates, companies tries to buffer their loss of potential earnings through even higher prices, in turn, driving more potential users to piracy.
5. Game of market dominance and use of closed standards eg. IE and web pages, java , MS Office. Forces some to have a copy of those softwares to stay compatible and be able to communicate with others in the industry, even if they don't use it routinely.
6. 3rd world countries users have little choice but to pirate. It's that or not use it and develop an even bigger communication, technology gap with the developed world. A bigger social/technology/informatic/income gap is detrimental both for the 3rd world as well as for developed countries.
From my perspective. Pre-release leaks puts a real damper on the excitment of receiving my copy of Tiger in the mail. Makes me think twice about why I spent $$$ (feel good factor). But on the positive side, 10 days is a good time to discover bugs. By the time I get my copy, I'd have read about all the 10.4.0 bugs discovered in the wild and I'd be far more informed of what compatibility issues I would face. It may very well hold me off and wait for 10.4.1.
For my conspiracy theory, it kind of makes sense for Apple to secretly leak these releases to better protect their paying customers. If there really was a big big boo boo that wasn't discovered through the beta testing program, Apple will know early and without any liabilities to those pirates. In a way, thank you you pirates out there. Send in your bug reports!
Oh one more thing. Believe it or not, piracy is good for market penetration. MSFT used it to great effect in earlier days. But now they have the top spot with users trapped with their products, registration and piracy suddenly became a key issue for them. The absence of a registration code for Mac OS X can only mean one thing, Apple's default acknowledgement for piracy (OS X Server edition, iWork, Pro products all have it). It's almost like saying, please install as many copies as you possibly can at home, at work, at your friends or anyone you can switch on the net. For Apple, if Mac OS X can hit 10% market usage, Bam! More $$$$$$$$$$$$$ for Apple and a big ego trip for SJ in front of BG!
Well, I think this is the reality.