...you're stupid, too. (Not that this is anything new; we all already knew that, too.)

In your stupid analogy, what Ben IS DOING is, just shooting at a target; he is not INTENTIONALLY shooting AT THE GIRL.

What you are doing, though, is NOT "lah-dih-dah, I'm somehow just magically 'trying out' these pieces of music or film"; that's not technically possible. What you ARE doing is, IN ORDER TO "try out" pieces of music or film, you are INTENTIONALLY DOWNLOADING them WITHOUT PAYING.

Hardly as accidental as Ben's hypothetical shooting in your example, now is it? "Oh look, this somehow appeared on my hard disk!", like? Not very likely, bubba. It's there because YOU, fully INTENTIONALLY, downloaded it -- TOOK it.

So yes, in your example Ben should only be charged with unintentional manslaughter; but no, in your own actual behaviour, you ought to be charged with intentional copyright violation. They're not the same thing at all; as an example, that sucked watermelons through a drinking straw.

But, hey, that was only to be expected, from someone as stupid as you.