however, if they can break the law, why can't everyone else?
Turn that around, and answer the same question; afterall, if so many customers weren't breaking the law, the publishers wouldn't *have to* do it in the first place.
By accepting this, you must also accept the ethics of trojans and spyware, as they all do the same thing
My point is that they're doing it for different reasons; their intention is not to harm you in any way or to gain any profit from it. Spyware and trojan horses on themselves aren't a problem, the problem is what they were designed for.