and.......?Who cares you still can't sneak into a theater. Get over the whole "downloading without paying isn't theft" so it's ok. Even if it's not theft it's still not ok. Which color crayon do I need to use to color that point in for you?
If someone leaves $1000 on the street - is it theft or loss ?
The real issue here becomes is it the person who stumbles onto a website and watches video/listens to music stealing vs. the person that is hosting allowing the content to be streamed/downloaded.
Personally - its the person that is putting it out there for all to access (similar to copyright laws against having CD's played for public events w/o royalties). You go after the one that's pushing it, not and not fine those that are in the crowd listening to it.