A listener not paying for something they weren't going to pay for anyway <i>is</i> a victimless tort when the record label doesn't actually lose any money.<p>Cory Doctorow puts it best in explaining why he Creative Commons licences his books:<p>&#62; Most people who download the book don't end up buying it, but they wouldn't have bought it in any event, so I haven't lost any sales, I've just won an audience.<p><a href="http://www.forbes.com/2006/11/30/cory-doctorow-copyright-tech-media_cz_cd_books06_1201doctorow.html" rel="nofollow">http://www.forbes.com/2006/11/30/cory-doctorow-copyright-tec...</a><p>Someone is harming the music industry, but it's not the listeners. It's the RIAA.