Quote:
Originally Posted by tompe
But giving a copy of the file is copyright infringement and theft and I saw that you wrote that it worked in a similar way in this case also. For me it is not obvious that it has to be so since people say that theft and copyright infringement is regulated by different types of laws (at least in Sweden, copyright infringement is not part of criminal law).
I have to check what holds in Sweden in this case. I have not heard about people being prosecuted for paying for things that they did not receive.
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You wouldn't be prosecuted simply for paying for something you did not receive. You would be prosecuted for paying for something you knew was stolen. If I paid Amazon for a book, and didn't get it ... I have done nothing wrong. If I paid you for a book which I should by rights have paid Amazon for, and you had no right to sell me that book, and I knew that .... that is a crime.
Copyright infringement is not a crime in this country either. Receiving stolen property is a crime. Knowingly purchasing a file that you know is going to be illegally in your possession is potentially a conspiracy to commit a theft and possibly receiving stolen property (depending on whether or not the file was legally in the possession of the person who sold it to you). If you "purchase" a file from someone who is not supposed to sell it, and you knowingly deprive the person who does sell that thing from their profit ... that is a form of theft.
It can get confusing, but it's all a matter of (1) who holds the rights to the file, (2) who holds the rights to distribute the file, and (3) what the intent of each party is in transferring the file.