ok, thank you for your opinion,
but suffice to say that i wont be taking legal advice from you.
you still seem to confuse some of the issues and legal technicalities, but its probably best if we agree to disagree as im tired and it would take a while to go through everything.
and i need to do a couple of things pdq.
i.e.
"On the internet, if I hack your server, download your content and
then delete the only originals you have, that would probably be called theft. If I make a copy of your content, but you still have the original copy, then that crime is called copyright infringement."
i assume you are thinking of permanently deprive.
no, if you hack into someones server that is (probably) a crime
stand up in front of a jury and tell them you are innocent because you did'nt delete the owners files - they will laugh at you because its irrelevant, there are a number of offenses you could be charged with in fact people have been extradited to the USA for exactly the same thing and they did not delete any files, so you are confused again.
the jury would still be laughing at you while the van took you away.
you are over simplifying the law (being polite) and introducing a bit of caselaw that certainly wouldnt apply to the hacking situation.
"but it is only technical theft if the original owner is completely deprived of any further benefit of the goods in question."
so its not a crime to hack into someones server ? (with criminal intent)
Quote:
Originally Posted by AutumnBH
I don't really understand what your point is. I assume that English is not your first language?
That case just sets the precedent for the legal definition of theft vs copyright infringement in the United States.
Copyright infringement is not theft. Copyright infringement is still a crime. Those people in jail for copyright infringement are in there for copyright infringement, not for "theft" unless they also physically stole a tangible item as part of the same crime. "Theft" may have some similarities to copyright infringement but it is only technical theft if the original owner is completely deprived of any further benefit of the goods in question.
On the internet, if I hack your server, download your content and then delete the only originals you have, that would probably be called theft. If I make a copy of your content, but you still have the original copy, then that crime is called copyright infringement.
Anyway at this stage it seems clear that Fabian's case is about tax and has nothing to do with copyright infringement.
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