Yes, both sides are playing with semantics and what's more important is that, like a lot of questions of law breaking this boils down to question of rights and doing something which you clearly have no right to. Im not supporting the recording industry in any way but nobody has the rights to intrude upon someone else's, be it a recording company, and if you dont like the way they do things you have the right to refrain from doing business with them, not pirate their stuff.