Quote:
Originally Posted by tsgreer
This is where the disagreement stems from. I think that stealing a physical book and downloading it from the internet illegally is exactly the same thing. So does the law in most countries. So do most authors and publishers. Just because it "costs" less to distribute electronically than traditional publishing doesn't make it any different.
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No, the law actually doesn't consider it to be the same. Try it some day! Walk into a store, and steal a book. You will be prosecuted for "Petty Theft" (at least in California), which is a misdemeanor offense with penalties ranging from a small fine and community service to 1-3 years in jail. This prosecution will be done by the State in the form of the District Attorney's office.
If you download a book off the internet, you will not be prosecuted by the state. You will be sued by the copyright holder for copyright infringement. You will not be arrested, or subject to jail time. If the decision goes against you (you are not convicted, nor at any point are you charged with a crime) then you will pay damages that will be assessed by the court, just as if you had lost any other lawsuit. You will not have anything on your criminal record, and there is no threat of serving a prison sentence.
So, as you can see, the two things are radically different in legal terms.