Well, I see the issue here. Right now the gaming industry acts as a cartel and conspires to keep prices high to maximize profits. The cost of a game to develop in no way influances it's price, as game prices are set at $60 new. A lack of direct competition between products pretty much ensures that nobody lowers prices to try and undercut anyone else, which would start a cycle of companies setting prices as low as they can while still coming out ahead (which is how things are supposed to work) rather than resulting in these huge explosions
of profit. The industry relies on a deception that a high price for a game is nessicary to offset development costs (which I won't get into again), but at the same time you'll notice that the development costs have little to do with the price as I pointed out. For some games it might make sense that they need to attach a $60 price tag, but for others developed for a fraction of the price of a "Call Of Duty" that makes little sense.
The thing is that the rising App/Cell Phone market developed seperatly from the rest of the gaming industry. The guys involved in that really aren't part of the cartel, and are thus not playing by the set rules. Being forced to compete with these guys would mean other gaming businesses having to lower prices, and they of course don't like that.
In a lot of places in the world, in a situation like this a cartel or the equivilent would horribly murder the competition. "unfortunatly" given that the gaming industry is facing these issues almost entirely in the first world makes this impractical. What's more those kinds of actions done without goverment approval (officially or not) would bring the kind of attention they don't want. Right now I think the only reason why the game industry acts the way it does is because the goverment(s) have yet to think they are a big enough problem. Legal technicalities or not, if the goverment ever paid attention to the business aspects here it would be viewed just like it is with the gas companies as the gaming industry is doing pretty much the same things.
To explain the violence aspects (for people going "WTF") look at it like the diamond business or whatever. All the guys owning diamond mines conspire to limit the number of diamonds coming onto the market to prevent it from being flooded, keep the mining cheap, and similar things. This way everyone makes the most profit. If some guy decides he's going to treat his workers better, and make up the differance by putting more diamonds on the market at one time at a lower price, the other diamond businessmen are going to object, and since the core of the business is generally in the third world (Africa and the like) they are liable to just use their great wealth to get a bunch of dudes with guns to come in, kill off all the guy's workers, and then torture him and his family to death in a horrible fashion to set an example for anyone else coming into the business to play by the agreed upon Cartel rules.
In this case however, while there are millions upon millions of dollars involved, the nature of the games industry makes it so that Nintendo can't do much to enforce the agreed on policies to a rising competitor/sub market, or at least not directly. I suspect as time goes on we might see quite a bit of legal manuvering if you see cell phone/app type games becoming too good and costing the rest of the industry money/threatening the existing status quo. Of course in the end I think as they become bigger this sub market is most likely to just sell out and become another member of the "cartel"..
Also for the record the reason why you don't see much in the way of attacks on things like STEAM is that it plays by the rules more or less. Steam puts it's new games up for the same exact price as what they retail for usually. Those super deals you see are typically on older or less successful games, where the price would be dropping anyway. What's more being digital there are no packaging or distribution costs involved, so the level of profit has always been much higher since none of those savings are routinely passed on to the consumer. The STEAM sales pretty much show what digitally downloaded games SHOULD cost even new, and should give you an idea as to how inflated the regular prices are.
Understand also that "Abandonware" has been a thorn in the industry's side for a while, liscenses are expensive to maintain, and when they fall and the game is no longer for sale, it becomes fair game for people to put up as a free download. Services like Steam allow them to effectively keep their products in circulation for a fairly low cost, and help to cut out their "losses" to Abandonware sites.