I'm going to focus on the above both as to why an always online future is inevitable as most people I suspect think as you do, and as to why I normally never bother debating anything piracy related on forums. If you can't see the above as theft, namely denying someone money they are due, then I have nothing more to say.
This point may be an irreconcilable difference between our positions.
I believe both commercial and non-commercial infringement violate a creator or publisher's rights to determine the distribution of a digital work and receive compensation for it.
That is the loss of a legally granted monopoly over the product, and it increases the difficulty of profiting from that same product.
Morally, it follows that the provider's investment in time and risk be given the chance to provide returns.
It's contravening of a commercial right, but the content creator has not lost the ability to sell the product, and they still have control over their copy. The problem is that someone else also has control over a copy.
Something probably should have been paid, and every further copy is a transaction that could have, maybe, in some form, been done with the rights holder.
There injury is indirect, and in the alternate world where the infringement did not occur, there is no guarantee that the provider would have been one sale at full price richer in the same time window as the violation.
The infringer should have entered into a contractual relationship with the provider, but did not.
There should have been an instant where a portion of the budget of the buyer changes control from the buyer and shifts to the provider. If someone had hopped in and taken the money, that would be theft, since someone has take control of the unique set of money away from the interested parties.
To call infringement theft implies a lot more control for one party over everyone--including honest buyers--than I would deem appropriate.
Does it have to look like the content industry thinks the world is composed solely of potential thieves, and that it stares covetously at every wallet that goes past?
I mean, people could try to re-sell their game. They could decide to wait until it's in the bargain bin a few years from now. They could return a game that doesn't work, or demand a refund for bad service. They could just keep playing RoboSmash4 instead of going out and buying RoboSmash5.
Why are those choices in the crosshairs as well?
Someone chose not to pay by claiming rights they do not have.
I do not believe the remedy is to automatically give the possibly aggrieved rights they should never have and waive obligations they refuse to acknowledge.
They didn't get paid, but they're still not the boss of me.
If the business model cannot be sustained without declaring war on the right to choose where one's disposable income goes and surrender to whatever negligence is most convenient, I would suggest that developers change careers to an industry where billions of revenue can somehow be used to not go out of business that makes a product that can actually be stolen.
The likes of EA and friends will probably keep marching down this path. I'm holding no illusions in that regard.
I merely dream that they march far afield with their "product as service + service obligations nonexistent + we've owned you before you said hello + consumer grievances are nothing" strategy, and then something changes the service provider obligation and consumer rights modifiers from x0 to some non-zero value.
Now to go back on topic I would just like to say that SimCity and Diablo 3 debacles pales compared to the PSN outage and yet Sony didn't step back, didn't abandon online nor we on PS3 abandoned Sony en masse.
If the PS3 were an obligate-online console, the PSN outage would have bricked tens of millions of PS3s worldwide.
That would have been an event that would have reverberated for years. We might not have any rumor threads about the PS4 today, if that had come to pass.
It's actually strange they haven't bothered to sit down and hammer out a joint EULA that would make their customers feel safe about spending money on a service.
I would wonder aloud whether infringement is really their only concern.
The vitriol for used games, and the choice of discontinuing services to compromise older inventory share a common target with the corporations and politicians who declare infringement theft.
Infringement, used games, and competition from prior generations of work are all forms of personal choice that can lead to a publisher or developer losing revenue, on a continuum of legal and ethical justifiability.
Obligate-online control of digital works strangles the one common thing between illegal copying, personal resale, and just deciding that the prior game looks more fun than its sequel: the choice of the consumer to not spend their money or run their life in a manner that optimizes the return for the publisher/developer.
The assertion of infringement as theft, along with the insistence that the problem is impossible to characterize and universal, means that all wallets everywhere are all could be and must be treated as the property of the content generators that covet them. Even further, these put-upon providers must be able to decide the timing of your use and the way you use their product, and they should be free to prevent you from disagreeing and all mediation should be done as they choose.
To add an additional point of debate:
If personal choice in spending weren't the actual target, why the incredibly incestuous control over reviewers who might convince buyers a game shouldn't be bought at full price, the fake hype-generating betas, going after people who badmouth products, and threatening customers with the loss of their game library for any infraction or dispute the company chooses?
I wonder, in your business is there any technology like always on that could be successful (no pun intended), i would expect privacy to make it a real challenge?
In the fields I'm familiar with, there have been actual services with real service agreements and contractual obligations and penalties concerning the quality of the product and service.
There have been incentives for providing what was promised, and very real risks in not doing so.
There are different sorts of customers that have much more legal recourse than the infinitely fungible and rights-free consumer.
Conversely, I have also seen what service providers do (or more frequently do not do) in the absence of such things.