If I produced a product for profit, and people stole it, but I wound up making more money from it, then I would encourage this "stealing". Liberals don't understand marketing, and that's why most don't own businesses and get angry at file sharing.
Oh, I agree the labels are being completely stupid about this. Instead of cracking down on the freeloaders, they should be flooding the net with samples and working on electronic delivery as a product that would allow them to sell a much larger library at much lower costs. I know that some people use this system the "right" way -- get a couple of tracks to discover a new band or album, then go out and buy it if they like it -- the RIAA should be catering to thse types rather than driving them away.
But it still doesn't excuse people who are just trying to get something for nothing.
How about downloading mp3 copies of music you have paid for on other formats--is that format shifting? How about downloading copies of files from a server that you've uploaded to--is that space shifting? How about downloading files that you've saved from an earlier time--is that time shifting?
Some courts have said yes and some have said no. A lawyer will tell the court what you pay him to say. I don't agree that downloading music is always morally right or wrong for anyone anywhere any time. But right here and now I'll say it's morally wrong to self-righteously strut like some kind of all knowing moral authority.