Mailman.... say.. for example:
I get hold of the Windows sourcecode.... then sell it. All the While, MicroSoft STILL has it's preciousssss and are developing it further..... This means, I haven't fysically stolen anything, as the Windows sourcecode is still at MicroSoft's HQ (or wherever they store it). Therefore, since there's no fysical copy of it at my place (I could forexample sell the HD and buy a new one, then noone could ever find out what I had on my computer, since I don't even have the HD anymore) I can't be charged for anything.
Now.. back to the main "problem"
Take a game like EoB2, which I have the original disks for in Norway. The disks are now likely to have been claimed by DiskRot(c), but I still have them. Would it then be awful of me to download said disks? "Forgotten Realms Archive" comes to mind where some company (interplay) had all the old SSI games on 4 CD, slightly updated for Win95/98, but they never bothered with the Amiga versions. Yes, I have THIS collection too, WITH manual :evil