Quote:
Originally Posted by tompe
Well, an electronic file is not a physical property.
But, if the thief have put in a car stereo in the car you have to allow the thief to remove it. You do not own the car stereo. If it is something that cannot be removed the question becomes more complicated but that situation can never happen for an electronic copy of the book. For an electronic copy you should only be able to stop distribution. You should not be able to just take the electronic copy and sell it.
|
Let's be a little clearer. Did the scanner sell the "pirated" copy of the book? If he didn't, then he released it for free. If it was released for free, then he has no economic claim to it.
If he did try to sell it, he would be legally and morally taking money from the copyright owner. Only the copyright owner has that right. That is the purpose of copyright.
At least under English law constructs. Should somebody tunnelling under a bank to rob, and eventually gets caught, be allowed to keep ditch digger wages for the work he put in digging the tunnel? I don't see how that is moral, nor do I see the moral reason for being able to control an illiicit copy of a copyright work just because I illegally did the work. Most ethic bases don't allow the paying of labor used to do an illegal act...
That's where harmon's "clean hands" (legally called larches) comes from.