The whole "make a living" thing may make sense for devs on subsistence, but for MS, the piracy is barely noticeable in Billy's wallet. I have probably $7k of software right now, all pirated but from the big companies. They aren't starving because of it, and most was no longer sold by the time I acquired it. Rule of thumb: If its no longer sold in any form, its probably safe. Would Nintendo sue me if I made a pirate donkey kong arcade cabinet set? Maybe, but they wouldn't have a case in America because I could argue its no longer sold.