Waging War on Business

[Derek Neighbors]

> On Wed, 12 Feb 2003, Derek Neighbors wrote:
> 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.

Lets clarify a few things.

1.  If I pay for one car and take two off the lot, the lot has two less
cars.  If I pay for one boxed version of Windows 95 at CompUSA.  Take it
home and install it on two computers, CompUSA has one less box of windows
95 on its shelf.

2. The definition of theft is as follows:

The act of stealing; specifically, the felonious taking and removing of
personal property, with an intent to deprive the rightful owner of the
same;

Note: To constitute theft there must be a taking without the owner's
consent, and it must be unlawful or felonious; every part of the property
stolen must be removed, however slightly, from its former position; and it
must be, at least momentarily, in the **complete possession** of the
thief.

This is where the car example falls down and why legally its copyright
violation and not theft.  Let's just say I didnt make the laws or the
definitions someone else did, but we have to abide by them to get along in
society.

> 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.

The point was it seems odd to 'steal' from oneself, which is what you were
in implying.  In your car theory you purpose real theft in which you took
more than you paid for.  The only way your car theory holds weight is if
you said.  You paid for one car, took it off the lot and 'replicated' a
second at almost no cost.

A common analogy used is a candle and a flame.

If you have a candle and its lit.  I walk up and take your candle, you are
left with no light(fire).  I stole it.  If I walk up to you with my own
candle.  Ignite my candle from your candle's flame and walk away, you
still have both your candle and your light.  Have I 'stolen' from you?

> again, not the best metaphores, but good enough.

All metaphors break down at some point, but they do help, so I wont
criticize the use of them.

-Derek