I think the average user out there is not aware of the additional bandwidth/performance cost of P2P, and you don't really need to hack the code for people to opt in, a simple "Would you like to enable Peer Assisted Networking to improve download performance?" pop-up will have majority of users clicking "Yes".
It's not the only feature that's open to abuse, Flash's Local Shared Objects have long been used to resurrect deleted cookies.
As to game companies using P2P for distribution, guess it's a minor inconvenience compared to copy protection...
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