The idea that theft has to include rivalrous good is a strawman. You are just taking the difference between theft you don't like and pirating and then saying that difference is hugely important.
> Whoever transports, transmits, or transfers in interstate or foreign commerce any goods, wares, merchandise, securities or money, of the value of $5,000 or more, knowing the same to have been stolen, converted or taken by fraud; or ....
Face it, you're a fringe view.