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This is the argument the RIAA and similar groups make when explaining why downloading music is bad. Except, when you steal a CD, you get a misdemeanor, pay a couple bucks in fines, and the store has one less CD to sell. When you download a song, you get sued for up to $150,000 and no one has lost anything. It's like if you light your candle using someone else's candle and they sue you for stealing their flame. In other words, it makes perfect sense to consider copyright exactly the same as tangible property.