There's a simple answer to all of this depending on your moral viewpoint:
Download the game. Play it. If it's good buy it.
Thus the good game designers get rewarded and the bad game designers go out of business. It's a far more equitable system than relying on gaming magazines which may have been payed to hike a review's score or some random forumite that raves about it. This system works for all and the fact that the bad companies go out of business is probably half the reason why it's assumed to be illegal.
In fairness.... A lot of us see the opportunity of not paying for something, even if we love it, as the main reason to DL the product. Sometimes it's for good reason. I don't have the cash to buy a license for 3ds Max for every version that comes out. Nor windows, which though I use, aggrevates me to no end some times.
Though, if I did have the money, Yeah, I'd probably buy the real deal max8, sketchbook pro 2, artrage 2, win xp/2k/whatever I'm using...