maninahat said:
Either way, copyright infringement is still a crime that will still result in a punishment. That was the simple point I was trying to make in the first place. I was mistaken in assuming the argument "copyright violation=/=theft" was meant informally, rather than in strict legal terms.
The reason some of us have been hard asses about the subject, is because it's a commonly used argument that isn't true. The crimes of Copyright Infringement and Theft are NOT the same, and thus, NOT equatable.
Even when discussing the topic from an Economic point of view, rather than a strictly-Legal one (the former of which the Copyright holders are far more interested in; it impacts their bottom line more directly), the consequences of both crimes are different, and thus MUST be distinguished.
Sticking to Economics, if something can be "stolen", it *must* be a Rival Good (its consumption or usage is limited physically. A cheeseburger is a Rival Good. For all practical purposes, even a Game Boy or a magazine is Rival).
If I steal a car, its owner cannot use it until it is returned. (Economically called: Rival, Excludable. Aka "Private Goods").
Video games (and in fact, all "intangible/data-based" goods) fall under a different category: Non-Rival, Excludable, better known as the "Natural Monopoly" category.
If I download a copy of Modern Warfare 2, I cannot actually deprive someone else of using their copy. Thus, it's established that video games and plain ol' private goods do not follow the same rules for excludability/usage, even though the modern market PRETENDS that is the case, for the practicality of mass-retail.
What this boils down to: In terms of economics, when a pirate downloads a game, it increases the Total Supply. In turn, this drives down the value of the game by the Laws of Supply and Demand.
Were it actual "theft", then Total Supply would not have actually changed at all (stealing a car does not create another car that satisfies one "firm's" demand. Rather, it satisfies one "firm's" demand while driving up the demand of another proportionally. Specifically, the firm that is now down one car).
In one instance, the average value of that good decreased, and with it, the average market value of that good decreases. In the other, the average market value remains the same.
Ergo, we have two different types of goods with two different crimes, and two different consequences.
(One can try to argue that the once a pirate has the game, they are a lost sale, and hence revenue was "stolen". Fact is, they weren't necessarily a guaranteed sale to begin with. If the piracy option did not exist [remember, we're treating it as another form of Supply], it's entirely possible that they wouldn't have bought the game anyway.
Whereas with the grand theft auto case, you can be damn sure there is always at least one person looking for a car.)