Okay, you made a couple points but I'm not sure I disagree with you on any of them. I mean, I do -- to me, you can never own something that can be freely copied, so the thief metaphor just falls apart because you and I think on completely different levels when it comes to intellectual "property" (you probably wouldn't include the quotes).
However, the point I was trying to make was that our opinion on intellectual property doesn't matter. Reality does. As much as I love my idealistic belief that "information wants to be free," I am also a realist. I work for a bank developing proprietary software. I don't believe this makes me a hypocrite, I think it makes me a realist. Whenever possible, I try to support free software, to contribute to it, and to support those who develop it. But I have rent to pay, and the work environment is great, and if I don't do it, someone else will. So I face reality and develop proprietary software. If this sounds melodramatic, please forgive me, it's not supposed to: we all make these sorts of decisions every day. We believe in something, but sometimes that belief conflicts with reality... you might think your friend is wrong for saying what he did, but you support him/her anyway.
In the same sense, I think to fight piracy is to fight a growing reality. What I said above about intellectual property might disagree with your beliefs, but you and I agree on some things as well, like, for example, that you should be paid for your work. If someone pirated Al Emmo and played it past the point available in the demo, I agree that they should pay you unless they have a good reason for not doing so. But if they don't -- I don't think you taking their IP improves anyone's situation.
To return to the thief metaphor, if a friend of mine goes through my house, admires my choice in furnishings, and then uses a furnishing-cloning machine to create exact copies, I certainly wouldn't mind. See how metaphors can turn on you so quickly? Of course, the real loser in my story is the manufacturer of the furnishings. So I would urge my friend to either destroy the cloned furnishings immediately, or else pay for them (hopefully he can arrange for a discount since they didn't have to spend any manufacturing costs), but I would NEVER call the police on my friend and accuse him of stealing... not even in a normal case, but certainly not in this case when the situation is in grey legal waters anyway. I'd be mighty embarrassed if he ended up being aquitted and wouldn't want to be my friend anymore because I sold him out.
So, to bring this metaphor full circle: Whatever my, or the manufacturer's, thoughts on the furnishing-cloning my friend is doing, besides politely trying to guide him to the path we think is right (pay the inventor) in private, the real challange we face is the furnisher-cloner. Everyone's buying them! Soon the manufacturer will be out of business and everyone's furnishings will look like mine (because I have such excellent tastes, of course)! What's to be done? Well, there is no easy answer, but the most painless thing for everyone involved would be for the furnishing manufacturer to come up with some way of adjusting to the way the world has changed thanks to that ridiculous furnishing-cloner. They might begin to develop furniture that can be easily painted or modified and to charge for paint or modification services. Or try other things until some business model works. Or doesn't work! maybe they do go out of business. Sucks. Change is not always good. But what would the company win by calling the police on my friend? They'd go out of business faster thanks to lawyer's fees, and never even TRY to survive the change that the whole world is undergoing.
Meanwhile, in order to combat everyone cloning my furnishings, I begin to personalize them with my name. That way, most people, even though they like my furnishings, don't want them because they have my name on it. It's not the optimal solution but we sometimes have to pay a small price to live in society, like taxes for example.
Hopefully I didn't take that metaphor TOO far...
