Downloading (copying) does not take (replace) the original from the owner (in fact it increases the amount of possession
), so at best, it is incomplete akusala kammapatha. It is also sharing (dāna), especially if you give it to others. So maybe some kusala is possible.
Furthermore, what is "taking another's property"? Being the one who rips the original DVD or CD and gives copies to others for free?
If one downloads what is given for free (by the ripper) what is broken? The owner (the uploader) can give it for free. So from him, it is not "taking what is not given".
"There are five constituents of this act: another's possession, awareness that it is another's possession, the mind to steal, the activity, and the carrying off (of the object) thereby
Commentary to Samma-Ditthi sutta:http://www.accesstoinsight.org/lib/auth ... html#fnt-8
3 first factors are possibly fulfilled.
4th factor is questionable.
5th factor is not fulfilled.
But if you give this copy to others for free, isn't it dāna (generosity) on your part?
This brings to another question. I understand how personally ripping the DVD to hard drive and posting it could fulfill first 3 of 5 factors. But those who download the file, they are not taking the real owners property. They copy what is freely given by that original DVD ripper? So maybe there isn't even any breaking of 2nd precept. This is digital world of 21st century, not 5th Century BC.
(we can replace DVD with CD from which one rips mp3 music files).