I still think the stupid deposit CREATES this problem. When I rent a DVD, or even a rental car, and don't return it, they don't keep $40 from me. They charge my credit card, or come after me. You have to have ID to get beer anyway, so why can't they verify and record your personal info when you order a keg? Almost everything else where you pay a deposit you are essentially buying the product if you don't return it. The mixed message here pisses me off, and while I would never take a keg from a brewery I respect because I know they lose money on it in the current system, I don't see how it can legally be called stealing.
I assume distributors don't want to bother with collecting money for unreturned kegs, because they have the breweries bent over a barrel thanks to all the liquor regulations. The result is that the brewery has to eat it.