Where piracy is a legit path in the game.
'Legit' is a complicated word to use for in-game piracy. Yes, piracy is a 'legit path' in the sense that it's supported by the game mechanics - but I suggest, looking at the developer comments already cited (by dxm55, I think) - that ED wasn't intended to be a 'piracy simulator'. Piracy is a criminal path and should be treated and seen as such. Which is not to say it shouldn't yield profit - but that the game universe should treat it as the crime it is.
At the moment, piracy is seen as cool, and this image is cultivated by PVP players who themselves want to be seen as cool.
Superficially the problem here is the same as in EVE Online: we're in a game world that has no significant consequences for committing offences against others. As a result, people are free to behave according to their instinct with no need to check themselves, no need to weigh their potential advantage against their potential losses, as they would in the real world.
In reality, there are systems in place intended to make crime unappealing, when without them it would be a simple way of obtaining what you want from those too weak to protect themselves. These systems are legal (you can be fined, or go to prison, or (historically) be executed); or they can be social (there is shame and stigma in being seen as a criminal). And perhaps most importantly there's also the moral safeguard which leads most people to reason "I won't do that because it's a nasty thing to do and I wouldn't want it done to me". That basic empathy is probably what prevents more crime than anything else - but there are people who lack that empathy.
But the point is there are safeguards by society to mitigate rogue behaviours, and thereby protect the overall structure.
There's the complicating factor, as many will reason, that "It's just a game". That's a big debate in itself, and one which is ongoing in plenty of forums. But wherever real people are interacting I'd argue it's no longer as simple as being able to say, "It's just a game": yes, it
is a game, but it's also a social space involving real people. Those people - all of them - must come before any other consideration.
No, I'm not saying there should be no crime because someone might get upset. What I'm saying is that there should be a reasonable balance. If crime is appealing because it's potentially profitable, then it must also be risky. (Were I feeling facetious, I might even say...
Dangerous.) Crime must involve hard decisions, and sacrifices, and potentially huge consequences for the player who chooses the criminal path. That's the price of choosing the quick buck. For those who choose an honest path, the profits must come more slowly, but with far less risk. Those players should not simply be content to be enjoyed by those who consider piracy the 'proper' way to play the game.