is considered forced entry, trespassing and burglary... even if the lock was broken.

But I don't think that's even an apt metaphor for what's going on with downloading. It's more like if a delivery truck carrying pants from the store exploded, spraying pants everywhere... and some of them just happened to land in front of your house.

You could pick up the pants, or you could ignore them. But if you do pick them up, did you steal them? I'm not sure... But they definitely are free.