orcishgamer: It would be, and no one may be this big of buttheads, but the music industry has proven to be as has the porn industry (note, a couple of years ago, no one could fathom getting sued for downloading porn). They might not even have a chance in hell of winning, your ultimate victory may be a forgone conclusion... but if that costs you 2 years and 25,000 USD that's somewhat of a hollow victory. Attorney's fees are only awarded in the US in egregious cases, for the most part, where the defendants can show the action should have never been brought. That is a high bar, much higher than you need to purely "win".
That's why I said you can lose, even while winning.
I'm pretty sure the people being sued are those downloading GBs of stuff all day long and making it available to others through a website or something like that. I could be wrong, but every time I read about lawsuits over MP3s and movies it's against people who download movies and then sell them or who download songs and then host them, or whatever.
In any case one thing I will say is that cracking a game you bought and torrenting an entire game are different things 90% of the time. Usually as a legitimate owner all you need to do is download a fixed exe to get your game running DRM free. There are exceptions like Steamworks games, which need new installers, but for the most part it's not like I'm downloading every PC game that comes out through a torrent and seeding those files for other people.
There's also the fact that I am only going to crack the DRM for a game if it ever gives me problems. Unlike disc checks there is really no incentive to crack games now-a-days as long as the DRM works, which like I said above it always has for me. I have only downloaded one game off a torrent in my life, Call of Duty: Black Ops, because a patch broke the game and Steam did not allow me to revert to a previous version. That's more a failing of Steam as a platform than it is DRM too, if you think about it.
Now if Steam ever goes down and doesn't patch out the activation requirement there will be a flood of people turning to torrents to get the games working again, and that includes me, but by the time that happens those games will be so old no one will care. That's pretty much why I consider DRM irrelevant... for right now it works, and it doesn't prevent the longevity of my software because there will always be a way to get the games running thanks to the community and that far in the future no one will care about cracking those games.
The only flaw I see with this is that someday the US government might curtail my free and unrestricted access to the internet, but hopefully that never happens.