I know this sounds like a very stretched analogy at first glance, but it's like a baker trying to prosecute people for smelling their products from outside. But if you think about it, these media companies are literally sending their information out into the air and getting upset when people just listen to that information. Like a smell, internet data is just out there in the air and it's just unreasonable to prosecute people for either smelling or downloading stuff that's permeating the atmosphere. Maybe tape recording radio songs is a tighter analogy but it's the same idea.