<< Intellectual works are protected by copyright law, trademark law or patent law. They are not protected by property law, they are not property, they cannot be stolen, and those who use intellectual works in a way that violates applicable laws are not thieves. >>
That's not entirely correct. For example, see the Code of Virginia § 18.2-152.2:
"Property" shall include:
1. Real property;
2. Computers and computer networks;
3. Financial instruments, computer data, computer programs, computer software and all other personal property regardless of whether they are:
a. Tangible or intangible;
b. In a format readable by humans or by a computer;
c. In transit between computers or within a computer network or between any devices which comprise a computer; or
d. Located on any paper or in any device on which it is stored by a computer or by a human; and
4. Computer services.
This is all taken from Chapter 5, Crimes against PROPERTY. Thus, such intangible items as computer programs are (at least legally) property in some states.
<< That would be a good question to ask of a lawyer. It is by no means clear cut. >>
Seems pretty clear cut to me. And yes, I'm a lawyer.
<< Certainly, your friend removed no physical property from the store, so he is most certainly not guilty of anything under property law. Therefore he is most certainly not a thief. >>
One need not remove anything physical from a store in order to be charged for a crime against property, at least in my state. See:
§ 18.2-152.6. Theft of computer services.
Any person who willfully uses a computer or computer network, with intent to obtain computer services without authority, shall be guilty of the crime of theft of computer services, which shall be punishable as a Class 1 misdemeanor.
Again, this can all be found under Chapter 5, Crimes against Property.