I mean, look today – he highlights an op-ed piece talking about how piracy isn’t theft, but NEVER wants to address the end results (someone has something they don’t have the rights to). He (and the law professor) are looking very narrowly at one part of the transaction, and not the results. Why? Because looking at the results would require him to admit that the material was obtained without permission, either through fraudulent means or, well… theft.

No, the point of the article was that infringement is not theft. Only a simpleton can’t tell the difference. Just as a simpleton would confuse piracy with infringement. For instance, making copies of my entire movie and music collection is infringement. Not piracy, not theft, infringement. Downloading a copy of a song or a movie I already own is also infringement. Not piracy, not theft, infringement.

Now, if I downloaded a song I didn’t own, it’s still infringement. Yet, you call it theft. I could have just as well copied it off the radio, which would actually have been legal, but I’m sure you’ll just call it theft all the same. Well, if I “stole” it, what did anyone else lose? Sure, someone’s copyright was infringed upon, but nothing was lost. If something of real value was stolen, then that person would have noticed. I would notice if a movie or song was taken from my collection, as I would no longer have it. A store would notice if a disk was taken when they do inventory. It’s something of value that would cost money to replace. Yet, that person wouldn’t notice if I merely copied a song. Everything that he or she possessed before is just the same as after. You might argue that person didn’t get any money either, but the person wouldn’t have gotten money if I didn’t copy the song. Again, the situation for that person is completely the same one way or the other.

Well, if I “stole” it, what did I gain? You could argue that I’m somehow enriched by the copy. Sure, I could listen to the song when or where ever I chose. Yet, what is the value of it? It’s not something I could pawn or sell if I grow tried of it or needed the cash. It has no real value at all.

Again, supposing I copied a song I didn’t buy and told my friends and coworkers about it. Even played it for them. Later, five of them, by my urging, bought something from the artist. That’s five sales that wouldn’t have happened otherwise. Yet, I’m still a pirate and thief because I got something out of it? Fine, next time I promote someone’s work, I’m demanding a cut of the sales. Do you think I should just give away my talent and time for nothing? You know, no free lunch and all of that…

And in case if you’re wondering, I do create art too. And no, I don’t throw an infantile fit when someone copies it. It’s not as though I’d even notice. It’s not as if someone broke into my house in the dark of night and stole one of my kittens. Besides, I put my name on my work. When someone likes it, they can probably find me.

Now, if someone took my computer and all of my backups, that would be theft because I would lose my time, effort, ability to use my own work.