A thief? Not hardly. At least not in my State. (Indiana). In Indiana (and most other States)Theft requires that the defendant exert unauthorized control over the property of another with the intent to deprive the owner of the use or value of the property. Downloading a song over a PTP network does not deprive the copyright owner of the use or value of his song. Since I would never have purchased the song I downloaded, the "owner" has not been deprived of a thing by my actions. Violation of copyright laws? - possibly. Theft? - no way.