Illegal downloading is not theft - its something new

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Morderkaine

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I know there are other posts on illegal downloading, but this is not the same thing. This thread is to try and stop people from using the wrong words in their arguments, and to realize that in our digital world, old terms and systems dont nessecarily apply. You cant use the same rules for a digital signal that can be reproduced 1000000 times for free as you can for a loaf of bread.
Over and over again I see people making comments like `You wouldnt steal a BMW would you?` or `How would you feel if you were mugged on the street`, but these comments have nothing to do with downloading, even as an analogy.
Downloading movies, music and games is not theft. A definition of theft : The act of stealing; specifically, the felonious taking and removing of personal property, with an intent to deprive the rightful owner of the same.
When something is downloaded, the music artist, game company, etc loses nothing, there is no piece of property that vanishes from their homes or businesses. If I download a game for free, the only thing that company loses is the CHANCE to POSSIBLY sell that game to me, a chance they may never have had in the first place. For example - if someone in a country where a game is not sold to downloads it, what did the company loose? They could have never sold to that person in the first place, it would have no effect on their profits at all, so is it theft? Of course not! Did the company lose a cent? No! Is it illegal? Apparently.

Now, I am not saying that there is nothing wrong with illegal downloading. It is illegal, it can hurt the game, music, movie, etc makers. But it is not theft, it is something new that needs its own name. I just dont want to see anymore stupid arguments comparing it to breaking and entering, stealing cars or chocolate bars, etc, as I know the downloading issue is one that will be constantly brought up over and over again as new legislation passes.

In short, downloading can reduce profits, in some cases increase them by spreading knowledge of a product, and in some cases make no change in sales at all. It is not theft and should not be referred to as such. You may as well say that if you walk into a book store, sit down and read a book, then put it back on the shelf and leave that you stole from the store. Maybe call it `potential/possible loss of sales`, or `reduction in maximum possible revenue`, but not theft, and its nothing like stealing a car or any physical object.

Any posts to this thread, please lets avoid posts on if you agree or disagree with downloading, keep it to the topic of whether it is theft or something different, and maybe options for what to call it.
 

L.B. Jeffries

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Nov 29, 2007
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Well, that's an interesting thought, and you're right that when they actually drag you to court all that hyperbole is going to not matter.

When you download a video game, you are in violation of Federal Code 17 USCS 506, which states:

(a) Criminal infringement.
(1) In general. Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18 [18 USCS § 2319], if the infringement was committed--
(A) for purposes of commercial advantage or private financial gain;
(B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $ 1,000; or
(C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.

So no, the Feds don't think you stole a car either.
 

TheGhostOfSin

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May 21, 2008
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L.B. Jeffries said:
Well, that's an interesting thought, and you're right that when they actually drag you to court all that hyperbole is going to not matter.

When you download a video game, you are in violation of Federal Code 17 USCS 506, which states:

(a) Criminal infringement.
(1) In general. Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18 [18 USCS § 2319], if the infringement was committed--
(A) for purposes of commercial advantage or private financial gain;
(B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $ 1,000; or
(C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.

So no, the Feds don't think you stole a car either.
Your feds can do nothing to me.
 

L.B. Jeffries

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Nov 29, 2007
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TheGhostOfSin said:
L.B. Jeffries said:
Well, that's an interesting thought, and you're right that when they actually drag you to court all that hyperbole is going to not matter.

When you download a video game, you are in violation of Federal Code 17 USCS 506, which states:

(a) Criminal infringement.
(1) In general. Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18 [18 USCS § 2319], if the infringement was committed--
(A) for purposes of commercial advantage or private financial gain;
(B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $ 1,000; or
(C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.

So no, the Feds don't think you stole a car either.
Your feds can do nothing to me.
Ah...I'm afraid your government decided to change that a couple of years ago...

http://www.wipo.int/treaties/en/ip/wct/
 

TheGhostOfSin

Terrible, Terrible Damage.
May 21, 2008
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L.B. Jeffries said:
Ah...I'm afraid your government decided to change that a couple of years ago...

http://www.wipo.int/treaties/en/ip/wct/
<url=http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&search_what=B&bo_id=17>Are you sure?

On further investigation the UK are on a different page, but still your feds can't touch me.


We have our own people.
 

L.B. Jeffries

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Nov 29, 2007
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TheGhostOfSin said:
L.B. Jeffries said:
Ah...I'm afraid your government decided to change that a couple of years ago...

http://www.wipo.int/treaties/en/ip/wct/
<url=http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&search_what=B&bo_id=17>Are you sure?

On further investigation the UK are on a different page, but still your feds can't touch me.


We have our own people.
Oh well naturally, this sort of thing is always handled in-house. Hush-hush, that sort of thing. For any other nationalities curious about this, here's a .pdf that covers every single copyright treaty since the 1900's and whose on board with it.

http://www.copyright.gov/circs/circ38a.pdf
 

Sirisaxman

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Hmm, never really thought of it that way, but by that analogy, most book shops that I know of don't allow you to read their books or magazines without paying for them anyway.
 

Joeshie

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No, it's still theft. It's just not theft in the traditional sense. Theft implies taking something that you did not legally acquire. This is why the law has been altered to include illegal downloading of digital media in the area of theft.
 

Zomni42

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Jul 22, 2008
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If it's not theft it's still by no means a nice thing to do. What would you prefer we say? I don't approve of illegal downloading of Bootleg merchandise regardless of it's form in media.. be it Music, Game, or other? it's easier to say "QUIT STEALING SHIT." even if it's.. as you would argue... not stealing. I've got another analogy for you.. i won't insult you buy involving automobiles, planes, trains, B&E or chocolate Bars. If you created some kind of widget that you were proud of enough to sell other people and i acquired it by some means (nefarious or otherwise) would you appreciate it if i ignored all the laws of the land and began manufacturing it for my self? Even if i haven't hurt or I have even helped your bottom line, i've still violated your rights... which is really the whole point isn't it? The actual items don't matter, Hershey doesn't care if you take a candy bar, they do care if you start making Hersheee Kisses'ss's that are identical to Hershey's Kisses. I know it's cliche but... IT'S THE PRINCIPLE OF THE THING! and in principle you are depriving people of their rights. you can argue it's not stealing, but.. i don't care. "Stealing" is a term both sides of the argument respect, even so much as defining it as something your not doing. Therefore it's useful to us as a term to describe what you are doing regardless of it's accuracy. While for the moment i may concede that illegally downloading media may nto be stealing, it's still immoral and it's still illegal and you still shouldn't do it.. happy?
 

cleverlymadeup

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Morderkaine said:
I know there are other posts on illegal downloading, but this is not the same thing. This thread is to try and stop people from using the wrong words in their arguments, and to realize that in our digital world, old terms and systems dont nessecarily apply. You cant use the same rules for a digital signal that can be reproduced 1000000 times for free as you can for a loaf of bread.
Over and over again I see people making comments like `You wouldnt steal a BMW would you?` or `How would you feel if you were mugged on the street`, but these comments have nothing to do with downloading, even as an analogy.
aren't you just doing the same thing in your argument? you are limiting theft to one definition, language and terminology evolves

so yes it's theft but an a for effort
 

Morderkaine

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Dec 23, 2007
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Mostly im saying there should be a new term specifically for it to separate it from theft of physical property.

And about the widget making example above - its closer to looking at the widget, and making your own for use at home. Making a copy and selling it is beyond regular downloading.

On a separate note there should be a big difference between people who download, and those who download movies then make 100 copies and sell them for $5 each. But the RIAA and similar seem to have more fun going after kids then the easy to find people who sell hundreds of pirated things.

And to the definition of copyright infringment only this applies really....
C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.
Although technically if said person didnt share the file at all and only downloaded no crime (no distribution).
 

cleverlymadeup

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Morderkaine said:
Mostly im saying there should be a new term specifically for it to separate it from theft of physical property.
you mean like theft of intellectual property or digital theft?
 

Ameatypie

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Sirisaxman said:
Hmm, never really thought of it that way, but by that analogy, most book shops that I know of don't allow you to read their books or magazines without paying for them anyway.
They do where i come from.
But anyways - this is an excellent point. I have been debating with my friend the Morales of downloading games and movies for a while now, and NOW i have some decent stuff to use against him. Thanks!
 

perfectimo

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Look at it this way then had you not acquired the game through "piracy" you would have had tto of bought it from a store. That is why this is theft. There is no way around it.
 

qbert4ever

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Dec 14, 2007
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Phantom2595 said:
I declare that this new word/term SHALL BE.

ILLEGAL REPRODUCTION! (of copyrighted material)
Really? I was thinking "butt-buddies". The pirates would still be tried for theft, only instead of saying theft, we say "butt-buddies".

You're taking something that does not belong to you without permission. Is it really that big of a problem to call that theft?
 

Good morning blues

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Using the word "theft" is a way of demonizing file-sharers, but it's never actually been practically treated as theft - always as copyright infringement. I think "copyright infringement" is the unknown phrase you're searching for in that post.
 

Phantom2595

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qbert4ever said:
Phantom2595 said:
I declare that this new word/term SHALL BE.

ILLEGAL REPRODUCTION! (of copyrighted material)
Really? I was thinking "butt-buddies". The pirates would still be tried for theft, only instead of saying theft, we say "butt-buddies".

You're taking something that does not belong to you without permission. Is it really that big of a problem to call that theft?
In all seriousness , what you are actually doing is reproducing copyrighted material without permission , it's not really theft .