what if.. Each disc purchased new at a brick and mortar store like ebgames, bestbuy, futureshop, walmart, target... etc..... what if they came With the Disc, and with a "Key" ... a microchip with usb connector, containing serial information, etc, that proves you purchased the game, allowing you to download a digital duplicate, as long as the key is present in the usb port

and thinking about piracy... it's impossibly to prevent except for the fact that you got to digitally download the file, thereby registering it online as well .. and since the key would be present consistently, it would act as the Disc when the game is already installed to the harddrive

edit~ or hfil.. instead of a disc scratch warranty, purchase a digital copy duplicate key which registers to a single console or something