Is it still pirating if you can't buy the game anymore?

Under law, yeah I think so. If whoever owns the rights has not released it then acquiring it without their permission would be pirating.

Yes. Just because something isn't available new any more doesn't mean you can pirate it. You can still look for trades, keys etc. Especially considering it's not a physical item.

yes, it is still pirating, unless it is abandonware..

I don't know anywhere where that wouldn't be considered piracy. Even games from decades ago (abandonware) is technically not legal to copy unless the original rights holder has released it. In some cases that isn't even possible since the company doesn't exist anymore and the rights are held by some paper entity.

Check eBay. I just did a quick search on there, and found several copies for under $20.

EDIT: Oh, and yes, unless you own a copy already, pirating is always illegal. ;)

No it isn't! As I live in fascist Germany (which means all is censored) I know what u are talking about. No. It isn't.