You don't get to just pick on one side. I could equally well say that "You have not lost anything by me copying this software." is not necessarily legitimate.

You don't get to just pick on one side. I could equally well say that "You have not lost anything by me copying this software." is not necessarily legitimate. I personally know many examples of people who have pirated things they would have paid for, had they not been able to successfully pirate it. You can therefore I believe argue that the piracy lead directly to a loss.