Your reasoning is too simple. It doesn't have enough rules to reflect the complex nature of reality:
- If I breathe, and you grow a plant that utilizes the carbon dioxide from my breath without my permission, are you a dick?
- If I go to the park, make a snowman, and leave, and you use the snow to build an igloo, are you a dick?
- If I'm singing a song in a subway, and you're also in the subway, and your tape recorder picks up a faint echo in the background from a mile away, are you dick if you keep the recording?
- If we live in a hunter gatherer society, and I create the idea to build a house, and you take my idea and build a house on your land, too, are you a dick?