You have a point here. My argument is under the assumption that the game gets definitely bought as soon as it is available in Euroland (that's what I understand roz123 said - in dubio pro reo...)
I can see a problem. You're basically saying it's fine to pirate a game as long as you'll buy it when it's legally released. Now in the case of Layton, there is no replay value once it's finished. So what's to stop the person from not buying it when it DOES get a release? £35 for a cartridge that they aren't going to bother playing? There's no "contract" in place saying play-now-pay-later... Although I think there should be.
I second that and rest my case.
EVERYONE in EUROPE should buy this game, it'll mean the other sequels get released.