Re: Nintendo maybe going to court for N900 Nintendo emulators.
I think where you're getting caught up is the idea that something is property because it can be used to get income. I never made any statements about this aspect. The reason it often gets confused with theft, is that the person who received the shared file has a copy but hasn't paid the copyright holder. This is the domain of copyright infringement.
In my personal opinion, I think that copyright holders get a little too worked up about it. There's lots of evidence showing that filesharing can actually be used to increase sales of the scarce goods, and not a lot (studies with dubious-at-best methodologies aside) supporting the case that it is hurting the growing media industries. In the case of making a copy, the copyright holder may not gain anything or only gain indirectly, but they also haven't lost anything either.
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