It does to me. If I can't buy it new, then they have no losses if I "steal" it. Not even theoretical losses, as they aren't selling it. I would say that if there is a period of 1 year where the product is not available for sale, new, from the publisher, that all copyright reverts to the original author, or released to Public Domain if the original author is deceased. Use it or lose it seems reasonable to me.
Sometimes the world is better if we force, via law, what people should do without it. If you don't make it available, then you have no loss if it is pirated. If you have no theoretical loss possible, then it causes no harm, and thus should be legal.
Oh, and if the "creator" is listed as a corporation, then I'd expire all copyrights at 5 years, no matter what. They have the resources to push through a release (copyright starts at publication, as it does now), and 1 year for a very long movie run and 4 years home rental/sales is more than enough inventive to continue book and movie production.
Could you please provide me with your bank accounts? I would like to monitor the money in them. Any money you choose to not spend after one year, I will go ahead and take. After all, use it or lose it seems reasonable to you. And if you work at some kind of corporation, then I'm going to drop the time frame to six months. After all, that money came to the corporation from consumers partaking in the economy, it needs to be put back into the economy to help it grow. 6 months is plenty of time to spend that money .
My guess is your "use it or lose it" philosophy doesn't apply when it's your money, does it? It's always easier when it is someone else who has to lose out, isn't it? The problem with your theory, aside from its obvious hypocrisy, is you assume the reason the content is no longer made available for release. Actually, and this is even worse, you ignore the reason it's not available for release. For example, and I'm sure I'm not telling you anything you could not figure out yourself, the laws of supply and demand are well known and if I provide content, and then withhold it, by the fact of human nature, that content will become more scarce. Once the content becomes more scarce, I can then sell the content again, for a price higher than what I could charge before. Disney does this all the time.
You're not entitled to content just because you want it. And let's face it, that's pretty much the entire crux of your argument. You want it, it doesn't hurt YOU to have it, so it's okay to pirate the content. I have no problems with reducing the length of copyright, though 5 years is entirely too little time for anyone/anything. Wasn't the last copyright length something like 25 years? I think that's a fair length. But to say something becomes public domain just because it's not offered for sale is beyond ridiculous. There are many reasons to withhold content, financial reasons or otherwise. And no one should be entitled to someone else's work simply because the creator chooses to reserve their right to sell it at a later time.
But here's a solution I think we could both get behind. After an arbitrarily set amount of time (15 years, for example), if you still wish to sell your content for commercial use, you have to renew your copyright registration. Maybe every year, every other year, I don't know, I haven't worked out the details. But anyways, this would avoid commercial products from being copyrighted in perpetuity and would automatically grant "abandonware" (or whatever you want to call it) to any content not renewed. If the copyright holder wishes to retain the ability to sell the product, then they can continue to renew the registration.
A win/win, right?