At face level you would expect that, but a lot of the people I know that pirate do it to that way they can see how the game or movie is and then if they like it they buy it afterward. Game Demos are rarely a thing nowadays and otherwise they just wouldn't have bought it in the first place. Under this scenario they are actually gaining more profit than if they were to heavily combat, but corporations/non-indie studios are shortsighted and would rather chase a fictional lawsuit case then actually make a profit.

As soon as you release something to the world, you have given up some control over the thing- otherwise, people would have to come to you to see/hear your art, which would limit the profits considerably.

I suppose we should just start throwing people "likely" to do crimes in prison preemptively!? That's not how anything else works. Why would it work like that here?