Leaks happen in every industry. Remember when Gawker got their hands on an iPhone before release? Apple didn't sue. Apple didn't even demand that Gawker remove their story. "Legal right" seems to be a favorite term thrown around by the apologists. Didn't Apple have a legal right? Yeah, they could have raked Gawker over the coals because they had a solid case against them. Receiving stolen property to name the most layman charge. They didn't do anything about it. A product that's gone on to make billions and they let Gawker have their pictures. How about you admit that Apple knows a lot more about "business" than GW? How about you stop acting like GW is savvy for doing this?
The video game industry goes through this on a weekly basis. Even sites like Amazon will occasionally post info that companies haven't officially released. Most of the time, not all the time, but the overarching majority of the time...companies will ignore it. They'll write it off as damage done. They understand that attacking your fans with a baseball bat to get them off your lawn doesn't help sales.
The difference here is GW is either insane or...more likely...they understand their fanbase has been conditioned to accept what they do. If, say, Epic had their next GoW game spoiled what do you think they'd do?
Sue a dude with a private blog that caters to a couple thousand people a day? No. They're not morons. They understand that those two thousand people will distribute the story throughout the internet and turn a couple pictures that a few thousand might have seen into multiple millions of people laughing at their company.
How many people in this 19 page thread actually saw the HE scans? I'm willing to bet it's fewer than the number of people that are disappointed in this whole debacle.
GW made a horrible decision. And they are being thanked for it by people that frequent daily one of the very sites effected by their actions. It's appalling to watch so many people patch over their own self interest with loyalty to a brand. Humans usually reserve such reverence for political and religious matters.