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Originally Posted by ProfCrash
Some how or another I think that a DA would disagree with you on this.
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You would be wrong.
First, a DA wouldn't touch it since it is a civil matter, not a criminal one.
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theft n. the generic term for all crimes in which a person intentionally and fraudulently takes personal property of another without permission or consent and with the intent to convert it to the taker's use (including potential sale). In many states, if the value of the property taken is low (for example, less than $500) the crime is "petty theft," but it is "grand theft" for larger amounts, designated misdemeanor, or felony, respectively. Theft is synonymous with "larceny." Although robbery (taking by force), burglary (taken by entering unlawfully), and embezzlement (stealing from an employer) are all commonly thought of as theft, they are distinguished by the means and methods used, and are separately designated as those types of crimes in criminal charges and statutory punishments. (See: larceny, robbery, burglary, embezzlement)
http://legal-dictionary.thefreedictionary.com/
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Napster was sued under Intellectual property laws and found guilty of copyright infringement, not any form of theft.