I think to most people involved in this case--judge, lawyers, jury, etc.--it is stealing. Whenever I see cases such as this it makes me wonder how such issues would be resolved if we had members of the American justice system who were more familiar with the workings of the Internet. Some of the people making the most crucial decisions in cases like these can remember when the original telephone was a big deal, so how can we expect them to grasp the nuances of file-sharing.