Digital piracy is the illegal copying or downloading of copyrighted digital products. Based on individuals’ need for a digital product and the price of the product, we propose a model that distinguishes between active piracy and passive piracy. We believe that passive piracy explains why pirates are not necessarily potential buyers of digital products. The research contributes to the literature by showing that not all piracy behavior is the same. To curb the piracy problem, digital product providers and government agencies should educate the general public not to lend out their copies for piracy purpose.