*Warning: Wall of Text ahead*
Honestly, I think publishers are approaching the whole piracy issue from the wrong angle. They're so focused on fighting pirates, second hand sales etc. that they're damaging their own products and harming their customers in the process while the pirates just carry on as usual.
Publishers and their investors need to understand that no matter what they do the vast majority of pirates would never buy the game anyway - for example, people even pirated the Humble Indie Bundles.
Those people could have paid just $0.01 to have a legal copy, yet they still chose to pirate instead! The best way for publishers to encourage purchases is to make legal copies of the game better & more worthwhile than pirate copies, by focusing on customer satisfaction & giving their customers the best experience possible. DRM does the opposite of that & instead devalues legitimate copies of the game: those who buy a legal copy are hit with restrictions and extra hassle resulting in a poorer experience while the pirate copy is unrestricted. The only difference is that pirates may have to wait a little longer (usually between a few hours to a few days after release) and risk having trojans, viruses and other malware bundled with their copy.
Look at the approach CD Projekt is taking with The Witcher 2: They are focusing on (and putting a *lot* of effort into) providing their customers with the best experience they can and encouraging people to buy their game rather than putting lots of effort into trying, ineffectively, to discourage pirates with restrictive DRM. To start with, look at the extras they are including with all physical copies of the game:
The Witcher 2 Premium Edition Includes:
The Witcher 2: Assassins of Kings Game
Making-Of DVD
Official Game Soundtrack
World Map
Game Manual and Guide
Pamphlet and Cursed Coin
Instructions to Create Two Papercraft Dolls
Now for any other game this could easily be called the "collector's edition" and priced higher than normal, yet this is just the regular edition of TW2, at regular price! The Collector's Edition for TW2 includes even more stuff...
In addition to this they are providing plenty of avenues of purchase for people to would prefer to buy digital versions of the game. They have the usual options (D2D, Steam etc) and for Steam users in particular the Steam version will have full Steamworks integration: cloud saving, achievements, etc. On top of all this, they are also releasing the game completely DRM-free through their sister company GOG.com, along with some GOG.com-specific extras (a free game, GOG.com credit for EU buyers due to the US-EU price difference & digital version of the artbook from the CE).
“Being a player myself, I’m always surprised to see how many companies focus solely on preventing piracy instead of thinking about how they might encourage players to acquire original game copies. The assumption is that protection is the only way to prevent piracy, but a glance at any file-sharing site demonstrates that this is pure fiction. This assumption is also a good way to forget one of the keys to this business: taking good care of your customers"
- Marcin Iwinski, CEO of CD Projekt and head of gog.com.
“Our aim is to produce games that provide the best and most satisfying playing experience. Copyright protection can’t stand in the way of that. Especially since it makes life difficult for players who acquire legal game copies, that is, those to whom we owe our greatest respect. Paradoxically, those who play pirated copies usually do not face the same impediments. In our view, aggressive attempts at stopping piracy are less important than ensuring that the relation between game price, game quality, and any additional services offered in connection with a game are favorable enough to encourage players to reach for original game copies.”
- Adam Kicinski, CEO of CD Projekt RED.
This isn't to say they don't care about piracy, though - just that they don't see any point in punishing their customers with DRM that will do next to nothing to prevent piracy. It's a shame Bioware/EA aren't following a similar strategy (although of course I'd never expect them to go DRM-free... but they could at least stick to a relatively relaxed scheme like they used with DA:O and ME2).