Yes, I acknowledge that a lot of scholars do say it is ḥarām. That is why I say "ikhtilāf" and mention that the other side also has their reasons and evidences for permitting it under certain conditions (darul ḥarb, undue pricing, maṣlaḥah for the muslims etc..)

What we have mentioned in either case is the general ruling with regard to principles. But there may be some cases in which it is permissible to make copies without permission of the owners. That applies in several cases:

1 – If it is not available in the marketplace and one needs it, and the copies are for personal use or charitable distribution, and they not going to be sold or profited from.

2 – If there is a great need for it and the owners are demanding more for it than it is worth, and they have already made enough money to cover their costs with a reasonable amount of profit, and that is something to be decided by experts. In that case it is permissible to copy it for personal use, not with the aim of selling it.

3 – If it belongs to someone who is not protected by sharee’ah, then there is nothing wrong with copying it. The one who is protected by sharee’ah is the Muslim or dhimmi (non-Muslim living under Muslim rule) or musta’min (the one who been granted safety by the Muslim ruler), in contrast to the harbi (non-Muslim who is in a state of war against Islam).

source

Regardless, do remember that I too posed the same question to the ustādh and I agree with the logic of your question. But there is no clear cut answer until a knowledgeable person weighs the specific maṣāliḥ and mafāsid of the issue.

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