Let me explain here, as just one example. There was a tv show that was broadcast in the late 2000’s - early 2010’s. About 5-6 years ago, right when I felt nostalgic and wanted to watch it again, the tv show in question was pulled from all major streaming services, and DVDs of the show were not produced (or if they were, I was never able to get my hands on them). The only way that this cartoonish show was watchable for a time was via second-hand archives on YouTube, dailymotion, etc. However, despite the fact that the show was made inaccessible, the copyright holder’s official website states even to this day that the show is copyright, which means that unofficial uploads on YouTube should be in violation of copyright (the YouTube channels were just amateurish accounts and not credible, official accounts, just to be clear). As such, it was ambiguous as to whether the production company was going to lease the rights to the show. Whilst interest in the show has gone now, it did make me wonder: is it ever justifiable (either legally or ethically, or morally) to pirate media that has been completely pulled from circulation despite the original owner maintaining copyright (and therefore ownership) of? Or, is it (legally, ethically or morally) justifiable to pirate media where the copyright status is ambiguous (i.e. you don’t know if anyone owns it) [classic case study I always hear about: British PSAs, icons of 70’s 80’s and 90’s kids childhoods, yet locked behind copyright doors whose keys may lie in the hand of legal ambiguity]
In theory, copyright law exists to create an incentive for people to engage in creative works. Copyright allows the creator to monopolize the distribution of their own work, and that monopoly makes the enormous amount of effort put into the work financially viable, in theory. If the creator has published the work, and is no longer distributing it, there is no monopoly for their copyright to protect. However they are using their copyright, it is not in the intended fashion and so it is ethically justifyable to bypass it.
That being said, in the modern context; the issue creatives face with monetization is not distribution, but discovery. There is so much content that being seen is the primary gatekeeper to financial success, so much so, that most creatives will legally give up their monopoly on distributing their work in exchange for promotion (publishing). In such an environment, piracy is effectively aiding the creator by spreading their reach, even if they are not directly paid. Their cultural relevance is much more important than that one sale. Despite this, the ownership of the properties ip is what holds value, and so the owners must keep up at least a token amount of resistance to piracy, to maintain their legal legitimacy.
You can see this reflected in the modern environment; easy, widespread piracy that is only occasionally resisted in the cheapest and most non-committal manner possible. Pirate whatever you want, and understand that you will occasionally be told to stop. However; that that request always comes with a wink.