I don't think that's true at all. We can acknowledge qualitative differences and aims and indeed this "special pleading" is the foundation of all law - we select based on our own conceptions of what is right which laws to make; to say that it is special pleading is to say that laws against those actions which cause harm is special pleading - after all, what's so special about harm? Nevertheless, it is possible to imagine a world in which one restriction (or liberalization) is made but another is not. While this requires a competent legislature and judiciary, there is no reason to think it is impossible; the difficulty in making an analytic distinction is only a small speed bump.
Well, sure, thats all well and good in theory. How do you deal with existing laws though? Its hypocritical to tell someone to not "steal" GPL code, when you're downloading the latest Avengers movie yourself. I'm all for changing the law, but I don't agree with the approach that copyright law can only be fixed via civil disobedience.
