I've haven't actually looked in to copyright law yet, but the only section of the criminal law I can really see it coming under is Fraud. I think it would be drawing a long bow to consider it stealing, as the downloader doesn't actually take it from the person who owns it. Also, the Queensland law defines "things capable of being stolen" as "things which are movable" which adds another element to the case that any prosecutor would need to be mad to want to take on.
Under Fraud (s408C of the Queensland Criminal Code)
408C Fraud
(1) A person who dishonestly?
(a) applies to his or her own use or to the use of any
person?
(i) property belonging to another; or
(ii) property belonging to the person, or which is in the
person?s possession, either solely or jointly with
another person, subject to a trust, direction or
condition or on account of any other person; or
(About 9 other conditions go here)
commits the crime of fraud.
(2) An offender guilty of the crime of fraud is liable to
imprisonment for 5 years
(3) For the purposes of this section?
(a) property, without limiting the definition of property in
section 1, includes credit, service, any benefit or
advantage, anything evidencing a right to incur a debt or
to recover or receive a benefit, and releases of
obligations
property includes?
(a)
every thing animate or inanimate that is capable of being
the subject of ownership; and
(b) money; and
(c) electrical or other energy, gas and water; and
(d) a plant; and
(e) an animal that is?
(i) a tame animal, whether or not naturally tame; or
(ii) an untamed animal of a type that, if kept, is usually
kept confined; or
(iii) an untamed animal in a person?s possession or
being pursued for return to possession after escape;
and
(f) a thing produced by an animal mentioned in paragraph
(e); and
(g) any other property real or personal, legal or equitable,
including things in action and other intangible property.
Sidenote: By the looks of things, dog shit could be considered property, but only if it's your dog, and if you were to dishonestly take someone else's dog's shit, you could be done for fraud. AWESOME!
The main issue here is the meaning of the term "dishonest". If the file is hosted, it must have been done so by someone who actually bought the album/movie/game, and hence can the downloading of it be considered the "dishonest aplication to use" or is merely "sharing". It's a real tough one, as it also hinges of the nature of ownership. When you buy a CD do you only buy the CD? Do you buy the CD and the music that comes on it? Do you buy the music? If you buy the music and the cd can the two be separated to be shared? Can you only share both together? Does the music remain the property of the recording artist? If the music does belong to the artist and you are only buying the CD, I can see how anyone who downloaded the music or made it available for download could be guilty of fraud.
It's a sticky situation, and I don't think many prosecutors would try for it as it probably not considered to be following the conduct which the law was designed to outlaw. It is however interesting. I'm sure we will see more legal steps taken in the coming years to limit illegal file sharing.
The above opinion is my own, and under no circumstances should it be used to form an opinion as to the legality or illegality of file sharing.
Acaroid said:
what is the drink you hated the most for people to order?
what is your best drink ie the drink you think your the best at making!
It's got to be Long Island Iced Teas doesn't it? You're slamming out beers and basics, getting fisted and have 35 people in the stretch of bar you're taking care of, and then some person orders one long island, and by the time you've finished measuring out each of the 5 shots that are in it, and you've shaken it, and you've muttered under your breath about how if only these people knew what bartenders think of people who drink long islands, everyone has been waiting for an extra minute than they should have. A minute is a long time to make one drink, especially when it's something you despise.
Any decent cocktail bartender is laughing at you when you order a long island. It is not a cocktail, it is a means of dispensing as much alcohol in one drink as possible. And yes, it's $19 dolars. Get the fuck over it.
I'm fairly good at going off the cuff with drinks. Someone asks me for something to a particular set of criteria, and I can generally make them happy. The main trouble is that these days most people aren't drinking classics, and the general consensus is that cocktail = vodka + some things that take away the taste of alcohol. I am of the opinion that if you're drinking a cocktail you should be able to taste the alcohol in it, and that vodka is paint thinner marketed to children. Don't complain to me when you ask for a cocktail, give me no information on what you want in it, tell me you "trust me", and then when I give you a Sidecar, or a Dirty Martini, or a Sloe Gin Fizz you will sit there and fucking enjoy it.