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this is a pre- digital problem its about tech development in general and not copyeight specific.btw, it happens all the time.
just because now it happens more often due to exponential speeding up of tech-development people outside legislation realize it actually
just to take an quite older example:
germany needed a special sub § in the poenal codex to get what a layman would call "electricity theft" poenalized. it was not covered by the common theft, since electricity is uncorporeal... etc., pp.
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