If we can step away from the legalese for a bit, and technical words like 'felony' and 'misdemeano(u)r', which seem to belong chiefly to the US justice system, we may get some clarity.

The non-lawyer understands by 'theft' the attempt by one party to deprive another of what is rightfully theirs.

Merlyn's income from sales of his work is certainly rightfully his. There are contracts to say so.

Therefore, if anyone comes into possession of his work (that cost money to buy) by not paying for it, they have stolen from him (and his associates) the revenue from the sale of an equivalent product. Just because the physical object has not been stolen does not mean that the author has not been deprived of what is rightfully his.

Thank you.

Tiefling