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kane 03-30-2008 03:24 PM

Quote:

Originally Posted by gideongallery (Post 13998751)
he is making an assertion without a foundation of proof JUST LIKE YOU WERE.

Copyright infringement is not theft because it does not deny you possession of the property, which means it does not meet the minimum requirements to be classified as theft

It is closer to "fraud" , in that you are cheating someone out of the rightful revenue by misrepresenting yourself to have a right you do not have.

But there is the rub, if you actually have bought or were given the right to view/listen to/ install etc you CAN'T be guilty of fraudlently misrepresenting "yourself to have a right to view/listen to/install etc"

According to my dictionary stealing is defined as: "In the criminal law, theft (also known as stealing) is the illegal taking of another person's property without that person's freely-given consent." Does this not extend to intellectual property? Sure if you download a CD without permission the band may still be in physical possession of the CD, but you have stolen their intellectual property without their permission and without payment. That is stealing which is another word for theft.

minddust 03-30-2008 03:33 PM

Quote:

Originally Posted by L-Pink (Post 13990868)
We are facing a generation that feels the purchase of a computer and the monthly access charge entitles them to everything on the internet.

:2 cents:

</thread>

gideongallery 03-30-2008 03:49 PM

Quote:

Originally Posted by kane (Post 13999171)
According to my dictionary stealing is defined as: "In the criminal law, theft (also known as stealing) is the illegal taking of another person's property without that person's freely-given consent." Does this not extend to intellectual property? Sure if you download a CD without permission the band may still be in physical possession of the CD, but you have stolen their intellectual property without their permission and without payment. That is stealing which is another word for theft.

websters defines theft as

Quote:

the felonious taking and removing of personal property with intent to deprive the rightful owner of it without that person's freely given consent
vs fraud

Quote:

intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right
ti quite clear that the copyright infringement is closer to the latter then the former quite simply because you are not depriving the rightful owner of the content.

When you commit an act of copyright infringement you are misrepresenting that you actually have some right to that content (view/listen/install) and that misrepresentation forces the copyright holder to surrender the exclusive right of distribution for a fee (value).

kane 03-30-2008 04:34 PM

Quote:

Originally Posted by gideongallery (Post 13999267)
websters defines theft as



vs fraud



ti quite clear that the copyright infringement is closer to the latter then the former quite simply because you are not depriving the rightful owner of the content.

When you commit an act of copyright infringement you are misrepresenting that you actually have some right to that content (view/listen/install) and that misrepresentation forces the copyright holder to surrender the exclusive right of distribution for a fee (value).

Fair enough. When I read those two definitions it seems like download music illegally falls somewhere between the two. You are not taking away the owners right to continue to use it so it isn't true theft. But you aren't really committing an "intentional perversion of truth" either. You are just taking it. You aren't lying to someone and saying you are paying for it or that you have a right to it, you are just taking it.

gideongallery 03-30-2008 09:26 PM

Quote:

Originally Posted by kane (Post 13999445)
Fair enough. When I read those two definitions it seems like download music illegally falls somewhere between the two. You are not taking away the owners right to continue to use it so it isn't true theft. But you aren't really committing an "intentional perversion of truth" either. You are just taking it. You aren't lying to someone and saying you are paying for it or that you have a right to it, you are just taking it.

yeah that the most accurate statement about it, i would say you are closer to the defination because the act ot taking the content implicitly declare a right to take it. However given the fact that many torrent sites put up a tos that defines a declaration of rights (ie only download if it is legal in your country etc) so by using the services that is only provided under such a restriction you are in fact "perverting the truth".


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