I only saw the rights given to the copyright owner, not the rights of the users of corywritten material. Can you point out which part you were looking at?
I was refering to the examples from myself and peace4all. They refer only to copyright law, which does have any enduser stipulations other than restrictions on copying for commercial use. As filesharing is not commercial, it doesn't apply and the RIAA hasn't got a case against filesharing.
Simon and Garfunkel is not proprietary information. That analogy doesn't hold up at all, since it would require that companies actively attempt to restrict access to the information and not, you know, sell it to bozos who will put it on the internet.
End user agreements are largely bogus legalese nonetheless, mostly an attempt by companies to reduce the likelyhood of lawsuits, "Windows is not for use on lifesupport equipment" and just plain silliness, "Use of Java may result in disease, serious injury or death." And on top of that there's significant precedent for judges not accepting end user agreements to keep companies from being sued, like "Microsoft is not liable for the bugs and security holes in its software."
Since users of music don't sign any agreements saying that they won't copy the content and give it freely to friends, they are thus not legally liable if the just give it freely. The law at this point does not go after those who freely share music and other media, and rightly so, because they haven't taken any money from anyone. The statistics actually SHOW that this in the case of 2000 and 2001, when music file sharing was pretty big and Napster was still large and unfettered.
Your analogies to a kid in a candy store and Bob the shoplifter are false. The Record companies can't say that they would have made more money if filesharing didn't exist, the evidence just isn't there.
If someone made money off of filesharing or if stores who had already bought thousands of CDs lost money on their investment, then it would be theft. Since the recording industry can't claim a significant monetary loss that they can point to filesharers as causing, as no such loss exists, they have not been stolen from. They've really just lost the chance to extort a group of people.