Whilst personally I don't believe in Pirating software is "right" I think 3dsmax is a bad example.
It is arguable that Discreet almost rely on piracy in a way, being that a program like 3dsmax survives on its reputation as the industry standard. The more people that are familiar with it and use it, the more likely major companies are going to use it. Obviously any company using it professionally are going to buy full version, with multi-user liscences, many copies, many plug-ins etc, probably spending tens or even hundreds of thousands.
Almost everybody using a pirated version of 3dsmax is a person who can't afford a full version, so discreet have lost no money there. If that person ever does become an expert in the software, they will either go freelance and therefore save up and buy a full version later down the line, or apply for a job with a company who uses legal versions.
I'm not saying they don't loose money through piracy, but what I AM saying is that through them having the widest userbase, they become the market leader and industry standard, and gain many large, legitimate sales they would otherwise not have got through a small ammount of genuine sales. The same applies to Photoshop. Both programs hardly need cracking, are available in numerous places for download in many forms (heck even the magazine demos which are widely distributed only take maybe 5 minutes of websearching to find a simple, easy patch or key-gen
), and neither company genuinely tries to stop it, possibly for the reasons I stated above.
HOWEVER - personally I think a much better way for them to do business would be to either reduce the price of their software completely, or even better, to do an OEM style deal, like Microsoft have with their operating systems. Plus, give them free to schools, colleges and Unis so people grow up knowing how to use them and they could have market domination with little or no need to survive by illegal means.
Personally I would say to people, anyone wanting to make games who can't afford 3dsmax and Photoshop, BUY MILKSHAPE AND PAINTSHOP PRO! There really is no need to use overpowered, over-rated software illegally. If you ever become skilled enough to make full use of 3dsmax and photoshop, you will be able to get paid enough to buy legal copies, trust me
Now, PLEASE nobody flame me, I am not condoning piracy, piracy of 99% of software or games can completely kill off small, talented companies or individuals and is inexcusable. But personally I don't really think that an illegal copy of MAX or Photoshop is a castratable offense, just a misguided attempt at looking like you know what you're doing when you'll never actually fully understand or use the product to a value of anything over a cheaper or even free package
And yes, I do own legal copies of 3dsmax4&5 and Photoshop6&7
Plus PSP4,5,6&7 and Milkshape too, still great packages I use almost every day
Quikly Studio Pro. Soon. Honest.