You can't really defend piracy with the First Amendment. Let me remind you that the constitution guarentees the rights of live, liberty, and pursuit of happyness: and that your rights end when anothers begins.
Whether you like it or not, either a person or a corperation owns that particular software, song, etc. As the supreme court recently decided, corperations have basically the same rights as human beings (hence why they are now able to run ad campaigns).
If you own something, it's yours. No ifs, ands, or buts about it. If you wish to distribute it, you may either do it for free, or for profit. If you decide to sell it for profit, then Copyright is essential to ensure that not only are you turning a profit, but anyone stopping you from doing so will be brought forward and punished for doing so. Saying the First Amendment supports piracy is like saying going into a 7-11 and stealing is alright. The only difference is music and movies can be seen in a non-physical context, where as that Slurpee and SlimJim cant (unless there is a torrent for Slurpees).
That being said, they really crossed a line. Theres a difference between crashing a server because the game developer pissed you off, and crashing a government function just cause you can get prosicuted for stealing Avenged Sevenfold songs.