Thank you all for chiming in with your responses, obviously this post has touched a nerve :). After discussion here and within the forum thread in the Tavern forum, I've learned that there is no such thing as piracy with GPL licensed themes.

As for the support of commercial themes. My initial thinking was that by providing a little more regulation, there would be 0 support offered at the WordPress support forums for commercial themes and instead, support for commercial themes would be given in the proper location (normally where they purchased the theme). But after these discussions, I've learned that more regulation would do more harm than good. Most of the people within the WordPress community will take the high road when volunteering support and mention that perhaps their query would be better handled at (commercial theme support area) rather than on the forum but if they could, would provide support where possible. It's better to give someone the benefit of the doubt then assume everyone with a commercial theme asking for support on the forums is circumventing the paywall for support.

As for the decoding of themes, I think that entire process should be discontinued. Instead, there should be a well written blanket statement that can be given to these people that explains why having an encrypted theme is bad business. The support forum already has the article in place that mentions why it's bad but the process of decoding themes is still allowed.

This whole conversation now has me wondering about something else. If regulation such as what i proposed would have been more harmful than good, I wonder under which circumstances more regulation within an open source project is good. What needs regulation and what doesn't? Perhaps fodder for another post.