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I think that the clear distinction is:

- In the first case you're gaining access to a content you don't have the right to. Thus braking the law.

- In the second case, you're merely discarding some content that doesn't interest you.

I'm afraid that the kind of argument above will lead us to a dystopia like the one pictured in Black Mirror - Fifteen Million Merits[0].

[0]: http://www.imdb.com/title/tt2089049/?ref_=ttep_ep2




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