So if I start a pizza place across the street from another pizza place I'm a thief? Or even worse gave away free pizza!? The horror. Didn't realize it was a basic human right for a business to make a profit. Nor did I realize it was the governments responsibility to ensure a business makes a profit. Enlightening stuff I'm learning today.
Sarcasm aside, I think you missed the point of my statement.
If you illegally take away income from a business, it can be classified as theft. If you do something else illegal that doesn't take away income, it would be hard to classify it as theft. Apologies if I was cryptic.
Reducing a business's ability to remain solvent does not constitute theft. If a competitor emerged and offered better shows for less money, that would also reduce HBO's ability to remain solvent, but is obviously not theft. HBO does not "own" expected profits from their business.
Spending an enormous amount of money does not entitle anyone to a profit, just ask Webvan.
There is clear precedent that you are not.
In this case, HBO is a business trying to make profit. It spends enormous amounts of money producing shows. Giving away a copy of their product for free arguably reduces their ability to stay solvent. Thus, theft.