I like Kung-Fu.
Actually Miriel in your case it is a bit different. See, more than likely if they published the game first that would keep your from distributing or selling it yourself.
A better example would be if you could cheaply/freely build cars identical(or close enough to it) to name brand cars and then you decided to distribute them to people you know for free. In this case the car company can still sell/distribute their product, so they are not deprived of anything except a 'potential' customer. And if we start outlawing things purely on potential... well I will be moving shortly then.
Of course in this case you would still have the problem that you are copying someone else's work AND using someone else's Logo(the car is identical remember). That would definitely raise legal questions. However, I seriously doubt anyone would call it theft if you took apart a honda insight and from there could create as many as you wanted cheaply freely. You would most likely be hit with other crimes, however, that ain't theft.
And you will never ever convince me that people who download stuff have never, not once, downloaded something that otherwise they would have paid for. I don't buy that at all.
Issue a challenge and you shall receive. However, I have a couple questions here. Does this assume the person in question has 'limitless' money(in other words removing the they wouldn't buy it because the cost is too high/they can't afford it)? Does it take into account something downloaded and then later bought once money for said item has been saved up(for now I will ignore whether or not the download was what generated the interest to but to start)?
If neither of those are taken into account I am pretty damn close, if not there. The VAST majority of what I 'pirate' are Japanese/Korean Fansubs. I wouldn't buy the original because.... well I can't read/understand Japanese/Korean. Though if I had limitless cash I would be tempted to import some just as a sign of support to the Japanese creator, but since I will never have limitless cash it is extraordinary unlikely I will do so. If they want me to buy it they should sell it to me in a way that I can use it.
The only thing that I can think of is Japanese Music CD's that I downloaded in the past. If I had large sums of money I would have a lot of them in my own collection. However, with my current funds I am not willing to pay 10 Dollars of shipping on each and every CD, particularly considering Japan sells a lot of singles(I would probably blow at least half a grand on shipping with those rates, no thank you).