As a tort, doesn't theft require that you're taking someone else's property and depriving that person of its use?
Using someone's bandwidth surreptitiously isn't really "theft" as much as it's virtual trespassing. Just because you're checking your mail doesn't stop someone else still using the connection (or even blocking you with a single click).
the idea that because something is easy to steal means it's not theft is ridiculous.
I'd agree with that, but I don't think it's "theft" (so my counter examples were poor, I'd admit ;-)). It's more like someone jumping in your swimming pool without permission, rather than actually stealing the water.
Using someone's bandwidth surreptitiously isn't really "theft" as much as it's virtual trespassing. Just because you're checking your mail doesn't stop someone else still using the connection (or even blocking you with a single click).
the idea that because something is easy to steal means it's not theft is ridiculous.
I'd agree with that, but I don't think it's "theft" (so my counter examples were poor, I'd admit ;-)). It's more like someone jumping in your swimming pool without permission, rather than actually stealing the water.