Unauthorized downloading of data is copyright infringement, not stealing
I'm sorry, unauthorized DISTRIBUTION of data is copyright infringement. If you download something you don't legally have the right to use, it's the distributor's fault for giving it to you. Much like when you watch cable TV on a bar that hasn't paid its dues, or go to a disco that doesn't have a license, or are given a game for free by your mobile service provider, or get it bundled in a magazine. You're not required to know whether the provider has the rights to give you the data!
Granted, of course, this is not me justifying piracy. If you buy or receive clearly counterfeit software/hardware/products, you must be held responsible, or are at least expected to know the software/hardware/product is counterfeit. But as usually happens, the worse that can happen is you loosing your money and the software/hardware/product.
Of course it's all a double standard. Roadrunner released Dream Theater's latest album for free on Youtube, a month before the album could be bought off the shelf. Nowhere on Youtube or anywhere is there a license of any sort, they released the material for free with no strings attached. Apart from draconian moronic laws that protect the established music industry's MO, nothing is impeding me from giving the album away for free to whoever, or using it however I want to. This doesn't apply to data with a license that prohibits distribution in some form, but it does apply to a measurable part of the torrents we find around the web. There are TV shows that are free to be distributed, software, movies, music, games, all sorts of INFORMATION (aka data) that the distributor, at one time or another, gave out for free with no distribution hindrances. How is the average costumer expected to legally know what he's entitled to and what he's not?
Argue this against a jury? I don't think you'll be very successful. And I wouldn't want to do it (that's why I don't, as a rule, use pirated or otherwise illegal software). But that doesn't mean it's not right.
Again, copyright infringement exists to prevent distribution, not usage. It's just the twisted ways of rich lobbies all around the world that has turned into a tool to force you to have to pay twice to watch a movie on two different occasions, or on two different monitors, or to pay twice to listen to the same music on two different music players, it's just bonkers. I'm fine that they charge people for that crap, and I'm fine that people pay for it, but I don't care for that. Back to the music thing, when I buy an album, physical or digital, I immediately get all the files synced across my phone, my car, my MP3 player and my computer. I don't care that they want me to pay more for that, they should be thanking me for even buying anything in the first place.
My personal view of the question is this - on the Internet, I have no expectation of privacy.
This, pretty much.