I get the sense you are arguing just for the sake of arguing. It is illegal to download copyrighted material without the owner's consent. There is no dispute about that. Not sure why that is such a difficult concept.
Now, if you want to talk about changing the US copyright laws - that is a different conversation.
The copyright holder owns the exclusive right to reproduce the material - when you reproduce it without his/her consent - you have diminished the value of the copyright.
This whole, well I would never have paid for it, so it must be ok to download, is the biggest bunch of crap I have read on this site in a long time.
Shame on me for biting - but watching people trying to justify breaking the law is just frustrating.
Probably because people are conflating a bunch of different concepts. So let's try to break them down.
Is copyright infringement theft? I say no, for reasons that I've already explained.
Is breaking the law an absolute moral wrong? Again, I argue no. If there were a law against hiding Jews during the Holocaust, I'd like to think I'd break it. Obviously, copying a CD isn't like hiding Anne Frank. But maybe it's more like speeding or jaywalking or enjoying a marijuana cigarette. Sure, it's breaking a rule. I try not to break any of those rules because I don't want to deal with the consequences, but I don't consider breaking those rules moral wrongs. Particularly when the moral justification for those rules seems tenuous.
Should copyright infringement be illegal? I argue that the answer is only to the extent that it promotes efficient production of content to a greater extent than it inhibits the spread of artistic content. So if the copyright term actually inhibits the spread of content more than in incentivizes the production of content, then we should look to scale back copyright protection.
Does the copyright protection for music, movies, books etc. incentivize production of artistic content to a greater extent than it limits access to artistic content? This is an issue that should be subject to evidence-based analysis. We do have some preliminary data that suggests, however, that it does. In fact, we have some data that suggests that copyright infringement may actually incentivize production by building a larger prospective market. We can argue with that data, but it should be an evidence-based argument, not one based on moral intuition.
Is copyright protection the most effective way to incentivize content production in the digital age? Again, this is a question that should be subject to analysis, but I think the evidence suggests that the answer is no. Enforcement costs too much.