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I know what I'm doing, I just don't care
(imgflip.com)
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Arguably software, films and music aren't "publically available" in the sense that they're only conditionally available to the public (ignoring piracy).
But okay, lets take the pornographic example. Say they occasionally sell nude photos to acquaintances too. Now the photos are in some sense "publicly available" in the sense that some people can buy them. Is it now suddenly okay to pirate this media? If so, then why?
Did you not read my very first example where I claimed almost exactly that. What have you been thinking I was talking about?
Feel free to clarify why? At what point does my example become what we're talking about? Is it the number of people the content is sold for? Is it the amount of money the content is sold for? Enlighten me.