I'm curious why that is such an important distinction for you? Whether or not you can be prosecuted for stealing or infringement, what is REALLY the difference?
How about this... It doesn't really matter if you like someone's business model or not. If you download a copy of something without paying for it, it is unethical and illegal. It doesn't matter how it affects someone's business or if you like the way they try to execute transactions. It is illegal and unethical.