It is legal, therefore that's the hurdle we need to get over. If you don't want it to be legal, fight to make it illegal, or don't use/buy the product.
But people pre-order video games at record numbers despite everyone with a brain saying that they shouldn't, so they're SOL either way.
Trying to side-step copyright isn't going to get you what you want. You're fighting an uphill battle with fewer resources.