Here is the RIAA's position:

"Online piracy is the unauthorized uploading of a copyrighted sound recording and making it available to the public, or downloading a sound recording from an Internet site, even if the recording isn't resold. Online piracy can now also include certain uses of "streaming" technologies from the Internet. Because of the nature of the theft, the damage is not always easy to calculate but not hard to envision."

Source: http://www.riaa.com/physicalpiracy.php?content_selector=pira...