Then stop doing it for free since you're a part of AOL. You're not retroactively entitled to anything for doing what you agreed to do at the price you agreed to do it for. I'm not sure why you would even think you would be.
Theft is a criminal offense. The most that this is would be a violation of TOS, which is NOT a criminal offense. Finite and infinite don't matter because if I have unlimited bandwidth, then it's unlimited; there's no way for me to take more bandwidth than I paid for. Since I paid for it, there cannot be any theft.
To me, it screams of a band getting called out on their excuse for not 'making it big.' Rather than simply admit, "No, we're not selling any music because we suck," they opted to blame the boogeyman for it. Things would have been fine, except someone poked around and found out the boogeyman didn't even know who these guys were.
"Now the stock answer from the TechDirt echo chamber is: gosh, I want to be pirated because I know that somehow, some way other money will finds its way into my pocket."
As opposed to selling something to nobody and no money finding it's way into your pocket?
If you think that point of this article was that you can't succeed without be being pirated or only those who are pirated can succeed, then you need to stop, take a break and try rereading it. (SPOILER: It's not.)
"I knew the paywall was misguided, but they spent that much on it? OMG. I'm a web developer, and I could have set up something that doesn't work for MUCH less than that!"
Hell, I could set up something that is easier to get around and cost MORE. If they're willing to pay $40 million for what they got, I'm sure I could sell them a paywall (for about $50 million or so) that turns itself off.
Mike, once again you've missed the point. Trademarking descriptive words and phrases has everything to do with preventing consumer confusion. The fewer companies that consumers have to choose from, the less confusion consumers will have. Really, these companies are doing the consumers a great service by winnowing down the choices they have to worry about. Less choices are really what people want.