Re: copyright violation = theft
@ AC who called me out with the definition of theft.
Here's the thing.
At that time you could not download anything directly to the iPods in question.
So you would have had a local copy of the file on your local machine.
Apple deleted the copy on the iPod - the "theoretically" was referring to the fact that even the legal eagles that were suing Apple couldn't produce anyone who was actually effected by the issue - but the original file on the personal computer was still there.
So where was the theft?