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Originally Posted by Steve Jordan
You're tripping over some misconceptions here: You can't have something that is stated as illegal to do, and be legal to do, at the same time. It either is, or is not, legal.
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Sure. Well, let's see if I can come up with a good way to state this:
"The test to see if a given copy is legal or not may depend on a number of factors. An authorised copy is always legal. An unauthorised copy needs to be subjected to further tests to determine if it is legal or not - these are known as fair use / fair dealing."
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Taking something in violation of the intended method of trade (ie, paying for it) is theft."
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Incorrect. Theft is depriving someone of a possession of theirs without consent. Without deprivation, the crime is not theft and using the word is simply and plainly incorrect.
There is no great need to change laws or the system of justice concerning IP or civil law. Older, unrealistic, business models have to be allowed to die out, and user rights need to be scrupulous protected.
If we do that, then at the end of the day will we have a sustainable, rich flow of media rather than one which is choked by the dead hand of a few companies who will not let go of their hold for anything, especially the law of the land.