Whatever happened to “Thou shalt not steal.”?
People don't consider this stealing, as there is nothing material in their hands. I'm not justifying this, simply stating the truth here.
I can put a set of rabbit ears on my house and watch 'Lost' free of charge; but if I download the same episode - that's considered theft. I can Tivo 'Two and a Half Men', but if I download the same episode, that's considered theft.
It's come to the point that 'theft' has little or no meaning. Now, I doubt anyone would dispute that going to a store and swiping a DVD is theft and should be punished. But, it's a bit less clear when we are talking about TV shows, or programs that are distributed over the public airwaves.