View Single Post
Old 09-03-2010, 06:24 PM   #173
Harmon
King of the Bongo Drums
Harmon ought to be getting tired of karma fortunes by now.Harmon ought to be getting tired of karma fortunes by now.Harmon ought to be getting tired of karma fortunes by now.Harmon ought to be getting tired of karma fortunes by now.Harmon ought to be getting tired of karma fortunes by now.Harmon ought to be getting tired of karma fortunes by now.Harmon ought to be getting tired of karma fortunes by now.Harmon ought to be getting tired of karma fortunes by now.Harmon ought to be getting tired of karma fortunes by now.Harmon ought to be getting tired of karma fortunes by now.Harmon ought to be getting tired of karma fortunes by now.
 
Harmon's Avatar
 
Posts: 1,631
Karma: 5927225
Join Date: Feb 2009
Device: Excelsior! (Strange...)
Quote:
Originally Posted by Hitch View Post

Is there ANYONE here who is actually acquainted with the legal definition of "theft?" No?
Actually yes. Me. I'm a lawyer.

It's not the legal definition of "theft" that is in issue here. It's the legal definition of "property." What everyone calls "intellectual property" is NOT actually property. As a legal matter, it cannot be stolen (unless, of course, there is some other law specifically establishing some form of intellectual property as "property" for purposes of the statutes against theft. I believe that there are some concerning trade secrets. But in the case of copyright, there are none that I am aware of.)

That's why we have copyright laws. If your misunderstanding of the law of theft and property were correct, we would not need to have any copyright law. The very existence of copyright law demonstrates that "theft" doesn't do the trick. Otherwise, we'd simply bring prosecutions for theft.

My advice is to keep the law out of this discussion. It won't help you that, for example, it is not a violation of copyright law (in the US) to download a book from a pirate site for free, if all you are going to do is read it yourself. Nor is it a violation to strip DRM from a Kindle ebook in order to read the ebook on your Sony.

It MAY be unethical, in your view. But that's a different matter.
Harmon is offline   Reply With Quote