Quote:
Originally Posted by Freeshadow
theft means very basically to take something from the owners possesion/radius of influence with the will to treat it as if the taker would be the owner - copying does not remove something from the owners possesion. Thus it cannot be theft, it is analogous to it, but this isn't enough since analogous aplying of legal poenal norms is also prohibited by several laws (amongst others the Eurpean Convention of Huma Rights) nulla poena sine lege unless it is in favour of the accused.
Some legal systems require that the item stolen is corporeal (Germany) so they need an additional norm defined for theft of electricity (and apart of the fact it's energy and not an item the rest fits: once taken it's gone and not just copied)
Legal language is strict face it, live with it and be happy about it, because were it different, you could be imprisoned any time just with the reasoning "Well what you have done isn't verbatim declared as illegal or forbidden, but it is kind of similar to the things which are." - just think about that and shiver.
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Many theft statutes just do not required removing something from the owner's possession. Depriving them of any part of its value is enough. See the statute I linked above. Or see "theft of cable services" statutes.
Quote:
Originally Posted by Pinecone
Doesn't mention printed works, just sounds.
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Two points:
1. So what? Surely the argument isn't that stealing copyrighted music is theft, but stealing copyrighted books is not?
2. There is a more general provision of the statute that would apply to other copyrighted materials:
Quote:
[unauthorized control means using someone's property]
(2) in a manner or to an extent other than that to which the other person has consented;
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