[widdershins] The Pirate Act

[Steve Wilson]

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From: widdershins-bounces at attrition.org 
> 
> Hello Y'all
> 
> What I, as a European law student doing research in this 
> area, find interesting is the word "theft". Is it possible to 
> steal, for example, software? And if so, does that mean 
> software is a tangible something? And if you answer yes on 
> these questions, which I do, it implies that software should 
> be protected by something else than copyright law. This may 
> sound trivial to some of you but it actually isn't.

<delurk>

Hi all,

My understanding of the definition of the word "theft" was that to
"steal" something, you had to permanently deprive someone of the
article being stolen. It seems to relate far better to real tangible
objects like gold and diamonds than intangible things like code or
art.

Hence, if I steal a shrink-wrapped box of software from you - thus
depriving you of it - it's theft.

If I make a copy of the CD - and therefore aren't depriving you of it
- - it's merely a copyright violation. You still have your original
code - I merely have a copy. You can't claim any real loss directly -
although, the software author may have a case for complaint.

The two aren't the same at all, IMHO. But then, the usual IANAL
caveat applies! ;-)

Cheers,

Steve.

</delurk>

- -- 
Stephen Wilson
Senior Security Consultant
Security Health Check

L305/9, QinetiQ, St Andrews Rd, Malvern, Worcs, WR14 3PS
Tel: 01684 894153  Fax: 01684 897417



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