This is just terrible.
I know this happened on the 360, but on the PC they say that piracy hurts the most during the first week, and many of those determined to pirate will end up buying a copy if they can't get their pirated game within the first 5 days or so.
That's partly why such extreme measures have started with games like Bioshock etc. Zero day piracy is what they say is the biggest threat.
And I think by taking overly extreme measures, they make matters even worse -- potentially causing more pirates to be created. I mean, hell -- if Spore didn't have such vicious DRM, I don't think it would be a track to the most pirated game of all time. Of course, on the other hand, the game still is selling like crazy, regardless of all the piracy going on.
I still think the best piracy answer is to use no DRM and reward your customers -- a la Stardock and CDPR with Witcher. Fine, go play the game, version 1.0 -- it's not going to be the best build of the game. So, do you want the latest patch of the game with bug fixes? Want extra free DLC? Want extra free soundtracks (GOG and Witcher: EE)? Want to upgrade to a special newer version of the game (Witcher EE)? Register an account with us, get online, verify your account over the dev's game servers -- then, you'll get what you want. The companies need to make it so that the pirate has to go buy the game to get the best version of the game.
I think what BethSoft should do is find a way to render the pirated copy as not worth pirating. B/c right now, pirated version 1.0 is going to be the same as retail version 1.0. BethSoft should purposely release a Day 1 Patch over XB Live, which'll fix a few bugs and/or add maybe even a new quest or two, at the very least. They got to do something to make people say, "I'll go buy the real copy over pirating the pirated one." Even if it's a little bit of patching, it'll still make the gamer say, "This company really supports their game. I think I'll go buy it b/c they'll probably add more content later."
Also, many of the analysts credited "The Dark Knights" opening day success to its extremely secure distribution methods. Apparently, before the release of the film, every print was passed under intense supervision. Previews were distributed through a documented chain of distribution. In the end the movie didn't hit the internet for a while, especially since extra security was provided to avert the camcorder piracy.
Very interesting.
Recently, Ubisoft sued an OEM company, after they traced the leak copy Assassin's Creed PC to an OEM employee's house. Apparently the game was on the internet nearly a month before its release on PC.
Interesting.
Anyway, I don't think a thousand pirated 360 copies of FO3 will make a huge impact. It is just weird that the pirates are enjoying their booty this early.
I still think it'll make some impact, myself. It might cause some gamers to go pirate a copy, if they own a X360 already (modded) -- now that the word is out. Possiblly, those PC gamers that own a (modded) 360 might just say, "Screw it! I'll just go pirate the console version."
It's really going to be interesting to see how well the game sells, now.