Waging War on Business

[Alan Dayley]

No, not good enough.  This illustrates why theft is not a good term for copyright infringment.

Theft of a car deprives the rightful owner of possession and use of the car.  If I make a copy of software, does it deprive the original licensee or the maker of possession and use of the software?

Continuing to use a car to represent the software, to match the crime of copying software the story would be like this:

I walk up to your car and using a matter replicator (work with me here) I scan your car and convert energy to matter making an exact duplicate of your car.  As I drive away in my duplicate, did I just steal your car?  Did I commit an act of theft?  No.

However, a copyright is what it says, "the right to copy."  If you had a specially designed car that you copyrighted (a patent better applies here but again, work with me), then I infringed on your copyright when my replicator created the duplicate.  I did not steal it.  It is not theft.

Disclaimer: I am not a laywer, this is just how I see the difference between copyright infringement and theft.  They are not the same.

Alan

-------Original Message-------
From: daz@undertaker.homeip.net
Sent: 02/12/03 09:48 AM
To: Derek Neighbors <derek@gnue.org>
Subject: Re: Waging War on Business

Lets say you talk to the gm of a car dealership.  They give you a legal 
document that says you can take 1 car off the lot for $x.  You take 2.  
theft.  When you purchase the software, you are agreeing to the terms of 
the license.  Generally thats one install per.  (of course diff. softwares 

have diff. licenses).  the agreement gives parameters to which you can use 

the software.  how many installs. If you want more, buy more.  If not, you 

are stealing.  

I dont agree with the licensing of most commercial products (software, 
anyway), therefore, I do no buy them.  I also do not use them.  I find 
alternative means to do what I need to get done.  

whats the difference between buying an 'illegal' copy and not buying a 
'legal' copy or using a copy not legally obtained?  either way you are 
using a product you have no right to use.  I cannnot go to a car
dealership,
 take a car, and just say "i just didnt legally obtain it" as my defense.


again, not the best metaphores, but good enough.

David