What's more to blame for piracy: a lax and ineffective legal means of going after and punishing offenders, or lack of access to your products? It's more the latter, according to a Canadian study by their International Development Research Centre. This probably applies more to foreign markets than domestic ones, obviously, but it makes sense--people are most likely to pirate when it is difficult or impossible for them to buy something legally. Maybe the product simply isn't physically or legally available in their country (such as new BBC shows in the U.S. or abandonware), or it could just be that the product is priced too high for the locals to afford (which is the case in developing countries). The study also suggests that anti-piracy measures (legal and educational) have completely and utterly failed to demonstrate a significant result. I should probably put that last sentence in bold.
Would you still pirate if the game was widely available and priced to match your budget? It could be that publishers would be better off simply lowering prices than investing in DRM, regional lock-outs, and fighting so many legal battles over piracy. Or would this simply make it impossible for publishers to make profits on their games?