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I'm not quite understanding why mp3.com's sonic appropriation service is comparable to the digital equivalent of a store that makes copies. Wouldn't the crime consist of distribution rather than the one file transfer?
Obviously, the service would be tragic for, say, my editions of the complete works of Thomas Lovell Beddoes, which were published in 1860 (I believe) and only eight hundred of which were printed worldwide. It would not be tragic for my old paperback copy of Ficciones, by Jorge Luis Borges, who, for some skull-pretzeling reason, has yet to be ePub'd, mobi'd or PDFed in English translation, for the love of Graucho Yerba Mathias.
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