Often, the initial distributor of a torrent has purchased it as well. At least one person downloading or uploading a media file has usually paid for it. Your first point seems to not condemn pirating wholesale.

The latter is more interesting: does one need to be capable of suffering a loss of an object in order to share it? Does access have to have a bandwidth limit for sharing to be reasonable? An interesting example are ebooks at libraries. My university offers a number of these. They are not able to be stolen like regular books and they have no limit on simultaneous borrowers. Even if there were some artificially imposed limit, what purpose would it serve? Do extra restrictions on use make a product more valuable? Does it create more profit for content creators?