Digital piracy (downloading) shouldn’t even be a crime to begin with. The idea that it’s the same as theft is fundamentally flawed.
Theft requires the original owner to be deprived of their property. Creating a copy of digital media does not deprive them of their media.
The counterargument to that is digital piracy deprives them of revenue, which itself is a flawed argument. Revenue is money, and they never owned the would-be consumer’s money in the first place.
In addition to that, there’s no guarantee that someone who pirated their media would have even been willing to pay for it if piracy wasn’t an available option.
Digital media is protected by copyright law, yeah. I’m not arguing it isn’t protected at all, I’m just saying the “piracy is theft” argument often used to claim that piracy is a crime is complete garbage that doesn’t hold up to scrutiny.
The “it’s a copyright violation” argument is actually applicable, though. When creating a digital copy without the rightsholder’s permission, an individual is creating an unauthorized copy and violating the creator’s copyrights.
How that’s applied legally and who bears the responsibility is where it gets interesting. It depends a lot on each country’s own copyright laws, but generally, making something available for others to download is unambiguously illegal as unauthorized distribution of a copyrighted work.
Downloading that copy is more of a gray area. Is the downloader making a copy by downloading it? What if they don’t save it, and instead just consume it like with streaming. Or is it a copy just by the mere act of saving data capable of creating a like-for-like representation of the original? What if that copy isn’t a perfect copy, but degraded through multiple lossy re-compressions and only resembles the original?
In my original comment, I added the “(downloading)” as a bit of a nod to this whole argument. Uploading is unambiguously a violation in some form, but piracy in the form of streaming is a gray area that isn’t actually illegal in a lot of places.