Just to point out something that seems to be missing (sorry if I missed it):
Within the world of software, you generally aren’t purchasing software. You’re acquiring a license to use it. Some basic models are:
- Open-source software, where you are given access to the source code and a license regarding how one may use that source code. This can cause variations in how those using the source code are allowed to use it commercially and their obligations to give back should they modify anything.
- Freeware, which generally just gives you the license without requiring payment. Source code is not guaranteed.
- Lifetime use. This is probably what people are most familiar with regarding products like Windows. If some cases, especially OSs, the license was bought by one company (e.g. Dell) and activated on a computer that they now provide you. These licenses last for life.
- Subscription services, where you buy a limited-time access to the software and must keep paying after a certain amount of time.
I’ll skip over the first two here because they’re already provided for free.
In the third case, downloading the software is not really the point at which you steal it. Yeah, you’ve got the executable, but if it just sits there, the only one losing value is you for time, bandwidth, storage costs, and contributing to the lifetime degradation of your hard drive. The software’s owner, however, has yet to lose anything. However, once you start using the software with an illegally-acquired key, you have taken something “tangible” from the company - that key. In fact, this could potentially even come down to harming the person who legally has the key, and I’ve been the victim of that twice - once for a game and once for, believe it or not, Windows Vista. This actually does make it somewhat analogous to stealing a doughnut. Not only have you taken something tangible from the owner, but you’ve also deprived someone who may have legally acquired it.
Subscription software is a little trickier because there generally aren’t license-activation keys. It’s also very unlikely that you’ll actually steal it, but bear with me. If you somehow manage to sneak your way into their system and use it, then there are still tangible losses. For instance, you’re taking computing resources on the server that could otherwise be moved to another customer. This does cost money, and some companies do seek ways to quantify how much these computing resources cost down to a very micromanaged degree. (I’ve been part of a team that did this. No, I’m not getting into more detailed than that.)
Ultimately, while software itself is more intangible than your average product, there are tangible affects when people illegally use the software. This can be through the keys, computing resources, hardware degradation, electricity, etc.