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To make my point clearer, think of the following:
If I were to check out a library ebook in Mobipocket format, strip the DRM, convert to ePub, read the book on my nook, and then delete it before my loan was up, I would be violating the license agreement regarding my use of the ebook I downloaded. I would be infringing copyright. But I doubt a reasonable person would consider this theft, provided I deleted the files before the expiration of my loan period. Indeed, for MP3 downloads of audiobooks just this sort of honour system prevails.
Conversely, with the right combination of 'carelessly worded' licensing, ebook formats, and ereader hardware, I could keep a library book indefinitely without actually running afoul of copyright law. Yet many reasonable people would consider this a kind of theft (at the very least, 'stealing' circulation numbers from the library). Copyright infringement and theft are two different actions and need to distinguished as such in our ethical discourse just they are kept distinct legally.
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