I am not sure how I am conflating two things, it would be helpful if you could expand or connect to my argument. Perhaps I am misunderstanding.

My argument is that the grant of monopoly is a regulatory decision and the real cause of "winning". No amount of DRM would confer the same benefit because the ability to bypass it through piracy would be totally legal with no economic or other consequences and so a robust cracking and distribution ecosystem would emerge. Thats a drastically different story than when napster gets shut down, and limewire gets shut down and pirate bay gets shut down every time it relaunches. Imagine a world where there is are 1000 pirate bays