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Originally Posted by Andrew H.
The best analogy, really, is theft of cable services. Something similar to piracy in that the product is intangible and potentially infinite, and there is no guarantee that the person stealing it would have paid for it. But states have had no difficulty calling this "theft" for quite some time, and there aren't a lot of people who feel that you should be able to get cable for free.
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I don't think even that is theft in the UK. Theft needs to deprive someone of a possession, a tangible item.
It does however sound like fraud
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Section 11 will cover circumstances where the defendant:
*obtains chargeable data or software over the internet without paying;
*orders a meal in a restaurant knowing he has no means to pay;
*attaches a decoder to his TV to enable him to access chargeable satellite services without paying;
*uses the services of a members' club without paying and without being a member
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The first example is interesting, as that's also software piracy/copyright infringement related. I wonder if the distinction is how you obtained the software, if you enter false/dishonest details to download it from a retailer/developer vs making a copy someone else has obtained?
There must be more to it otherwise pirates would find themselves facing fraud charges rather than just copyright infringement. Anyone know more about it?
Either way, theft is a distinct category afaik.