Yglesias and Bunch are each correct in different ways, but Yglesias has the better argument here.  Bunch, willfully or not, ignores the fact that while the intellectual property laws -- and this goes beyond music and even beyond copyright into patent law -- were intended to protect the creation of intellectual property, they have come to be used largely to protect the distribution of intellectual property.  At some point in the life of a creation -- and we can have a legitimate argument about when that point is reached -- the distribution of a work becomes divorced from its creation.