I'm not sure about that. When I play Action-RPGs, I fail to see that this is "art", however, there are other games out there which I do consider as "art".
The problem is rather a philosophical one, and my point was ... originally ... to point out that "hacking" has some consequences. I mean, if I do a game, why would I put a copy protection on that in the first place ?
In my "A Though" blog-like writing, I once proposed doing a Freeware game, which requires a CD of any kind being in the CD-drive of the PC the game is running on.
My goal with that was, to force hackers to hack a game which is
free in the first place - so that the satisfation feeling of "I'm so 1337 ! I hacked a corporate game !" would get entirely lost.
Hacking is imho not a one-way affair. Instead, it affects people, too. Not only game producing & publishing firms.
In the example of the music band with the not sold music CDs : It
's a shame, actually. They put so much effort and money into recording this kind of music, letting CDs getting pressed at one CD manufacturing plant - and then no-one buys them ! That must be extremely frustrating.
Therefore, I go the other way . I say to my self . " find their work really good, so I consciously decide to buy this CD they made to honour their work and especially their efforts !"
Concerts, witnessing them live, that is absolutely great ! But, unless someone has a very good memory, it is a little bit like streaming as well : It's gone at one point.
So, from my point of view, it is entirely acceptable to have the wish to have a CD for a longer time, than just "streaming". It helps the own memory, too !
Which is why I'm so much against "game as a service, and do as many screenshots from within the game as I can : Only these screenshots will be there to help my memory when the servers are cut off ... Like music CDs.
In my opinion, it is a real shame that art is commercialized that much. Just take a look at how much burned down at Universal. "The Day The Music Burned"
en.wikipedia.org
It was the biggest disaster in the history of the music business — and almost nobody knew. This is the story of the 2008 Universal fire.
www.nytimes.com
Commerce is only interested in money. In generating moey and more money and, even more money, to be exact. Like ... a hunger that can never be or get filled.
Therefore, commerce is marginalizing anything art, and that means, art becomes a "throwaway product". Fire & Forget.
Culturally important things should be preserved, imh. And, if for preserving things for countless future generations piracy is necessary, because commerce just won't do that, then I believe that piracy should be - performed by an entity which is allowed to do that, like ... just as an example ... the UNO organization, if that's going to be "the memory of humanty", for example. Or, the U.S. Congress Library.
However, preserving the past for the future might also beging as some kind of "grass root" thing. So, from that perspective, piracy should be allowed by the law after let's say 40-50 years after a game has been published, for example. We most certainly do not want a "Day The Games Burned".