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I do not think that it is valuable to continue to compare intellectual property infringement (which is, iiuc, tort law in the US) with physical property infringement (which is, iiuc, criminal law in the US).
It's like saying that apples are like oranges because they are both fruits. Yes, they are both fruits. That doesn't mean that they have anything else in common, and I think that Argument By Analogy inevitably obscures the nuances of the issue at hand.
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