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A pretty poor analogy. Passive smoking has the potential to cause catastrophic damage to the health of others in society. Those others have the right to be able to go out without having such harm inflicted upon them.
If someone downloads a film, piece of music, book or comic to decide whether or not it is worth purchase, it has not been proven that this action causes harm to any other members of society.
This cannot be refuted with the proof of a properly conducted study at this time. Despite all the funding of anti-piracy organisations, they have not been able to sponsor a single study that shows any lost sales as a result of file-sharing.
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