Linked by Thom Holwerda on Thu 9th Jun 2011 18:51 UTC
Internet & Networking It's official now. The signs had been there for a while now. While the west bangs on about the importance of freedom and democracy, they don't actually want anyone to have too much of it. The US, France, and the UK have jointly pretty much declared war on freedom on the web.
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pantheraleo
Member since:
2007-03-07

Pedantic: copyright infringement != theft
Theft occurs when one deprives the owner of the original.


It is effectively the same thing. If I am selling software, you have two options. You can buy it from me legitimately and pay me for it. Or you can obtain an illegal copy of it and not pay me for it. If you go that route, it's effectively no different than driving off from a gas pump without paying for the gas you pumped.

Taking a picture of art in a museum can be considered copyright infringement


The copyright has long since expired on a lot of art in museums. The reason they don't want you to take pictures of the art is because flash photography damages the art and causes it to fade over time, just as if you were to leave it in the sun.

Reply Parent Score: 2

Thom_Holwerda Member since:
2005-06-29

If you go that route, it's effectively no different than driving off from a gas pump without paying for the gas you pumped.


http://www.zocors-web.nl/images/stories/Piracy_is_not_theft.jpg

Now you again.

Reply Parent Score: 2

pantheraleo Member since:
2007-03-07



The FBI routinely uses the terms "Intellectual Property Theft", and "Creativity Theft". Furthermore, the U.S. Department of Justice officially recognizes a crime called "electronic theft". The No Electronic Theft act (NET) was passed in 1997 and is part of 17 U.S.C and 18 U.S.C ( http://www.justice.gov/criminal/cybercrime/17-18red.htm ). This act recognizes copyright infringement specifically as a form of theft.

So both the FBI, and the U.S. Department of Justice recognize copyright infringement, as a form of "theft". The relevant U.S.C. section is even named "No Electronic Theft Act".

SECTION 1. SHORT TITLE.

This Act may be cited as the `No Electronic Theft (NET) Act'.

SEC. 2. CRIMINAL INFRINGEMENT OF COPYRIGHTS.

(a) DEFINITION OF FINANCIAL GAIN- Section 101 of title 17, United States Code, is amended by inserting after the undesignated paragraph relating to the term `display', the following new paragraph:
`The term `financial gain' includes receipt, or expectation of receipt, of anything of value, including the receipt of other copyrighted works.'.


Bottom line: Copyright infringement is legally recognized under 17 U.S.C. and 18 U.S.C. as a form of theft.

Your turn again.

Edited 2011-06-10 14:58 UTC

Reply Parent Score: 2

pantheraleo Member since:
2007-03-07

Btw, if you want be pedantic, piracy is "an act of robbery on the high seas; also : an act resembling such robbery". Only recently has the definition been expanded to include copyright infringement. So the initial definition of piracy also requried that you steal "the original".

The Law dictionary defines "theft" as "a criminal taking of the property or services of another without consent"

In other words, the legal definition of theft does not require that any "original item" be stolen. It can also be stealing of a service. Which is why modifying your cable box to receive premium channels you have not paid for is legally a form of theft.

The definitions of words change as technology and culture evolves. The word "piracy" is proof of that. So is the word "theft".

Again, your turn. I hope you can do better than some stupid little cartoon this time that has no authoritative reference to be defining what theft is and is not.

Reply Parent Score: 2

Neolander Member since:
2010-03-08

It is effectively the same thing. If I am selling software, you have two options. You can buy it from me legitimately and pay me for it. Or you can obtain an illegal copy of it and not pay me for it. If you go that route, it's effectively no different than driving off from a gas pump without paying for the gas you pumped.

Okay, let's assume for a second that you made shirts instead, which are physical objects that can actually be stolen.

Theft : Someone comes in the factory at night, and comes back with the shirts. You can't sell them anymore, since you don't have them anymore.

Counterfeiting : Someone makes a factory next to yours that manufactures the same shirts for a lower price. You can still sell your shirts, but people won't buy them anymore because it's cheaper next door.

Which one is closer to piracy ? Theft, according to you ?

Reply Parent Score: 1

pantheraleo Member since:
2007-03-07

Counterfeiting : Someone makes a factory next to yours that manufactures the same shirts for a lower price. You can still sell your shirts, but people won't buy them anymore because it's cheaper next door. Which one is closer to piracy ? Theft, according to you ?


For legal purposes, I don't think the words "theft" and the word "piracy" have much difference. Again, the original definition of the word "piracy" referred specifically to theft carried out on the seas. To the best of my knowledge, this is still the only legal definition of the word "piracy" that is codified in the United Stated Code. It took on a secondary meaning with changing technology and culture.

I would also point out, that neither 17 U.S.C or 18 U.S.C, which are the sections of the United States Code dealing with copyright law, and copyright infringement, ever use the word "piracy" when referring to this crime. But they do use the word "theft".

So from a legal standpoint, if, they were manufacturing the exact same shirts I was, I would call it IP theft, or creativity theft, which are both terms used by the DOJ and the FBI to describe this type of crime.

Edited 2011-06-10 15:57 UTC

Reply Parent Score: 2