So... it's okay if I steal your website and photos because I was never going to pay for them anyway? And if I write my own source code?!
I didn't say that, and you are misunderstanding me. I am talking about software source code, not HTML. The point was making is that stealing someone's photo and appropriating them on your own website is an example of passing off someone's work as your own and then profiting from it. So someone writing a program which another party later steals and then profits from it's distribution. This is completely different from downloading software for personal use, which cannot possibly have any effect on any third party