I'm quite late arriving to this thread but I'd like to comment none the less.
I am decidedly pro-consumer. As a consumer it would be insane not to be. Here are my thoughts on copy protection and the user-publisher relationship in general:
1. A real disk inserted into the tray for installation is ok. The disk should NEVER be required again except for a non-network based re-installation. Imagine if XP or Vista required a disk in the tray to run.
2. One time entering of a CD key at installation is ok. I would prefer the CD key to be attached to the disk label since some folks have trouble keeping manuals or boxes. There should NEVER be any electronic finger printing of my computer hardware tied to the CD key. Installation should NEVER be limited to a fixed number or a specific machine. Actual playing of the game MAY be limited to an arbitrary fixed number of machines concurrently (typically 1) for the purposes of internet based play. Offline and lan based play should NEVER limit the number of machines playing. Let's be brutally honest, online (via internet) is the driving force for games. No one cares how many people beat the single player campaign.
3. Creation of a user account connected with a CD key for internet based play and patch download is ok. The only information I should have to provide are a screen name, a valid email, and a password. The user account should NEVER be required for offline play or lan based play since a lan may not be internet equipped. That is, the game still works EVEN IF an account is NEVER created. The functionality is just REDUCED to offline and lan play.
4. Malware drivers for authentication (a la Securom or Starforce) must NEVER be installed. They must NEVER take the place of or run in conjunction with my existing system drivers. They must NEVER reconfigure my system in any way. They must NEVER change the functionality, security, or contents of my computer from before installation.
5. Planned allowances for legacy software are a must. A game must NEVER cease to function partially or in whole (with the exception of server based games like MMOs or portions of games using the same model) as a result of age or obsolescence. You MUST make allowances so that the software will operate fully in 5, 10, 100, or 1000 years. This ultimately means that all online authentication activities MUST be removed as software goes unsupported. Failure to do this demonstrates definitive hatred of your customers.
6. Latitude for resale is a must. You MUST design your software with the understanding users do, in fact, own something. This is instantiated in law (at least in the US) as original and successive sales. Only the ORIGINAL sale is governed by you. All successive sales MUST be unfettered and UNRELATED to you. Games MUST work for their new second hand, third hand, thirty-seventh hand owners. Failure to do this demonstrates definitive hatred of your customers.
7. Trust. You must treat me as a friend and not as an oil field ready to have its monetary goodness sucked out. Trust is shown by not looking over customer's shoulders. If you honestly believe I'm going to betray your trust and give your software to 100000 of my closest friends DON'T sell the software at all. You are far TOO PARANOID for your own good or my own good.
8. An EULA should state in a maximum of 500 words of plain english the agreement between consumer and company.
9. Any consumer who declines to enter into the agreement with the company MUST be allowed to return the disk, in like new condition, for a full refund within say two days of purchase. (This assumes installation was never completed. Enforcing this would be difficult. Perhaps the EULA should be readable without opening the box or, for that matter, without purchasing the game)
10. Any consumer who declares the game will not run on their computer MUST be allowed to return the disk, in like new condition, for a partial refund within thirty days of purchase.