An Internet connection is not your private property. It is the property of your ISP. Most ISPs have contracts called "Terms of service" which outline how you're allowed to use their Internet connection. In my case for instance they stipulate that *I* am responsible for all traffic from my network and that the task of securing the network is *MY* responsibility. I suspect most ISPs have similar clauses in their Terms of Service, and that it truly is your responsibility to make sure no unauthorized access occurs.
In the same way that the electricity supplied to your house is not your property? Or your phone line? That's why I provided the stealing power example, because essentially it's the same idea. As long as someone else is footing the bill for your activity, it's theft. If you don't want to think of the network access itself as theft, then think of the dollars your downloads might be adding to someone's bill. As for it not being physical property, that's irrelevant, as by your actions you're depriving someone from full access to something they're paying for. You should know by now that under common-law theft hasn't been required to be respecting to a physical item for a long time.
What's the difference between this and stealing satellite TV then, apart from the fact it's some scary media mogul lawyer goon in one situation and computer illiterate Aunt Melba in the other? They broadcast satellite freely, and it's their fault the encryption is so bad/non-existant. Yeah knock yourself out on that one.
What I find so ridiculous about this argument you guys are trying to spin up, is that we're on a forum of programmers and content producers where the same argument should apply to the products we produce. You've failed to protect your program adequately, so I can just take it. I'm not stealing it really because it's not actually depriving you of it. How was I to know that downloading a game from Pirate Bay was illegal? I thought because it was on the internet and publically accessible it must be OK. It's really just being cheeky is all.
Yeah right.