AndyFromMonday said:
See, your problem with this line of thinking is very simple and easy to point out:
You are basing your definition of "theft" solely on its effect on the victim--namely, whether or not that person is "deprived of property." This creates a needlessly limited and self-serving definition, forcing a false dichotomy.
Now, certainly, some crimes have PORTIONS of their definitions that are based on what happened to the victim--take, for instance, "murder" versus "attempted murder," being based on whether or not the victim died. (The penalties for both crimes, however, are very, very similar. Why? Because there is just no reason to give someone a lesser sentence simply because he happens to be a BAD murderer, or because the victim got lucky.)
But additionally, there are components in the definition of every crime that depend on the act that the PERPETRATOR committed, regardless of the result. "Premeditated murder" is thus differentiated from the classic "crime of passion," not based on what happened to the victim, but based on how the murderer went about his or her business.
So, in this case, you're leaving out half of the definition. Here are both halves, presented separately so you can see the contrast:
1) Victim-centric definition: Stealing is an act that deprives another person of his/her property.
2) Offender-centric definition: Stealing is an act by which a person receives property that belongs to someone else, without first securing permission.
Now, the definition of "property" has a long-established history in the Western world of including INTELLECTUAL property. So, we're not going to get into that one. It's already on the books.
Continuing on, it takes BOTH of these definitions to clearly define the TYPE of stealing being done. But both of them are stealing. How does piracy fit in?
a) Piracy results in you, the pirate, having a fully-functional copy of the game (the "property" in question) without due compensation to any of the people involved in the creation of the game. This is already stealing, regardless of whether or not the victim is "losing" anything directly. (aka: Stealing a little bit from a really rich guy is still stealing.)
b) Piracy results in additional copies of the game being created and made widely available, diluting the potential market for the game, and thus the opportunity for its creators to see a return on investment. When people see there is a "free version" of a game, it is reasonable to believe a number of them will choose it over the "$60 version." It is further reasonable to believe a number of those people WOULD have paid for the game (either now, or at a reduced price later) had this free version not been available. This is the "loss of potential sales" part of things. (aka: Counterfeiting money or items is also a type of stealing.)
c) You are receiving the benefit of goods and services without payment, thus increasing the financial strain on the legal customers who want to see further products from this company--the company sees a reduced return, and must either decrease quality or increase price to account for this financially. These "savings" get passed on to the customers willing to pay for the game. (aka: Illegal immigrants who use government services are stealing from everyone who pays taxes.)
