Because a game that's been out for 4+ years now, with no updates really will have any type of penalty if downloaded :lol
Depends on where you live. My country has zero regulations regarding piracy but some will charge ridiculous amounts and may end in confiscation of your property. Regardless, I find it a matter of morals. I mean, I get the new stuff, you don't have money, you wanna try then buy etc but c'mon man, Skyrim was, like, 4 bucks on Lunar Sale so it's really affortable and it gives developers some sort of reward (regardless of how long it's been) for their hard work.
As an aspiring game developer myself, I don't see it as fair. Not in this case atleast. u.u