I accept that different jurisdictions make a distinction between theft and intellectual copyright theft. In the UK, intellectual copyright theft may be considered plain theft. It depends on the circumstances and scale. You're in the US, those courts have a different approach.It literally is not according to the only opinion which actually matters, which is the opinion of the courts:
Are you pointing out the difference in application of law, or seeking to defend the original point, which was that copying a file that was meant, by the owner, to be sold, is OK? Whether it's stealing, intellectual copyright theft, or whatever, it's plain wrong.