Taking what is not given is the wording of the precepts. Yes, when you illegally download something, it is not given. But it is really taking? Goes for all intellectual property conundrum. Imagine if someone would to "steal" your car from your garage while you're sleeping by using some new technology that could copy the car. You wake up, get ready for work, go into your garage, get in your car, start it up and drive to work. You notice nothing, a day just like any other. Now, the state could proclaim the the use of this new car-copying technology to be theft, and people would get accustomed to charging other people for copying their cars, and if someone were to copy someone's car without the owners permission, he would be charged with theft. But from a common-sense perspective- was there theft? And from a Buddhist perspective- was something taken? Someone stealing your car while you sleep, you waking up and finding your car in absolutely the same condition as you left it, my personal opinion is that there's nothing there.