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Originally Posted by denim
It's more a matter of the fact that the definition quoted is not definitive.
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I'm not going to argue much on this point - the law should probably be updated with respect to newer technology, but that will be a very long and sticky debating process.
However, I do know that under the current US legal system, it
isn't theft. I know the RIAA/MPAA wants to hurt the filesharers as much as possible, and felony theft charges would be just the way - but all they're doing is filing civil suits, because the law says it isn't theft.