Looks like a work of sophistry to rationalize the act of illegally distributing copies of intellectual works.
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So yes, the public should be free to reproduce the works in its possession ad coelum or even ad infinitum, but that doesn’t extend in the other direction ad inferos such that the public should be free to take copies of private works, private intellectual property.
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This doesn't look like an argument for backups

In practical terms, it's an anarchistic argument to distribute copies of held possessions with the expectation of a reciprocal action. There is an anticipation of an exchange of value that excludes the interests of the IP creator. That is where the issue of 'theft' enters Fitch's argument. Fitch merely tries to avoid being painted as an advocate of criminal behavior by denouncing the physical theft of a legally held object.
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Gravity is a contributing factor
in nearly 73 percent of all accidents
involving falling objects......DB.......................