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

I looked it up in the law dictionary, which is what counts when discussing legal definitions of crimes. See my other post:

"a criminal taking of the property or services of another without consent."

Again, it does not require actual physical property to be stolen. Taking services without consent is also theft. And it is well established in the U.S.C that copyright infringement is a form of theft.

Next please?

Reply Parent Score: 1

KLU9 Member since:
2006-12-06

Did your extensive research of legal references find even ONE case of someone who infringed copyright being charged with *theft*? Let alone being convicted of it?

Did it also reveal some immutable law of nature that rendered it impossible for grandstanding politicians to give a law whatever name they felt like? Just because a politician could name a law "Copying is Theft Law 2005" or "Internet Users Are All Paedophiles Whose Every Instance of Masturbation Kills Kittens Act 2011" doesn't make the words in the title a reality.

Reply Parent Score: 2

pantheraleo Member since:
2007-03-07

Did your extensive research of legal references find even ONE case of someone who infringed copyright being charged with *theft*? Let alone being convicted of it?


The most famous case is one I didn't even have to look up because it is very well known in software IP case law. I'm surprised you aren't aware of it.

United States of America v. Sergey Aleynikov, who was indicted and convicted of one count of theft of trade secrets, and one count of transportation of stolen property for stealing source code from Goldman Sachs for a high frequency trading system while he was an employee there. As you probably know, trade secrets are a form of intellectual property.

So now only is there legal precedent that taking intellectual property without permission is theft, but also that it is considered property which can be "transported" through an electronic medium. And that such transport can be considered transportation of stolen property.

Granted, in this case he stole the code with the intent of giving it to his new employer. So the prosecutors took it very seriously. But it is a legal example that taking IP without authorization is a form of theft, and that IP is also considered property, which if transported without authorization, is considered transportation of stolen property.

Edited 2011-06-10 22:35 UTC

Reply Parent Score: 2