Appreciate you writing out your thoughts with passion. Let's set emotional projections aside and return to clear terms
No, it doesn't. [== The ontological argument does not matter.]
The ontological argument does matter because property is not a feeling, a cost, or a law.
It's a relation between a person and a scarce thing, grounded in reality.
And theft is conceptually impossible unless property exists.
So if you call something "theft", you are
already assuming a valid property right. That's basic logic, not rationalization.
Let's define things cleanly.
Scarcity means that two people cannot use the same thing at the same time. This is the only location where ethics applies.
Ownership is a rightful claim to control a scarce good.
Theft is the unrightful taking of such a good, removing control from the rightful owner.
A digital game copy is not scarce. You can copy it infinitely without displacing anyone. That's not theft, that's pattern instantiation.
If you disagree, then you must explain what scarce good is being taken. Hand-waving at investment cost doesn't work, because cost alone does not create property. You don't own the ocean because you spent time looking at it.
Because the dancer didn't invest $50 million into producing the dance move [== But someone spent $50 million making it!]
Sure. Investment may create value, but it does not create ownership over patterns. Ownership applies to things that can be conflicted over. If you think spending money makes something yours even when it's non-scarce, then you have just invented a metaphysical right to monopoly by effort (which is indistinguishable from claiming ownership of ideas, colors, or facts).
a legal system that provides him the right to license access that move [== You're violating a license!]
Contracts only bind consenting parties. If someone copies a file without agreement, it's not a breach, it's simply an act outside of contract.
If I walk by a bakery and mimic the recipe from the smell, I have not signed an end-user license agreement (EULA). No fraud, no force, no theft.
And there's the neat trick...everyone in the actual world [== But that's not how the real world works]
Correct.
The real world is full of state-enforced legal privileges masquerading as rights. That's not a rebuttal to my argument. My argument challenges the very system.
Appealing to existing law is not an argument for ethics. Slavery, censorship, and conscription were legal too. If you think laws determine what is ethical, rather than ethics being the standard by which we judge laws, then what you're doing isn't discussing ethics, what you're doing is defending authority.
It's a rationalization that exists solely for your own benefit. [== You're just rationalizing theft because you want free stuff]
That's not an argument, that's motive projection. I could just as easily say you're rationalizing censorship because you want other people to obey. It proves nothing.
Allow me to posit the real test of consistency
If copying a game is theft, then what, specifically, is being taken?
Not "who is upset?" or "what did it cost?" or "what does the law say?"
What physical conflict arises from the act of copying a game?
If you can't answer that, then you have not identified a rights violation. All you've done is moralize your personal preferences.
And if calling something that isn't theft "theft" helps you feel better about siding with coercive monopolies,
that is bonafide rationalization