It's not stealing. It's communication. You can't "steal" ideas, information or facts. To steal means to physically take someone's property without their consent.
This is obviously a bit about the definition of words but I've only really heard it called stealing in the US where I think the narrative is pushed by corporate interests. In the UK where I live the offence is generally called copyright infringement because under UK law that's what it is.
You're correct that it's called copyright infringement, but it's not strictly an offence - it's a tort. Copyright holders can in certain circumstances sue for damages, but you cannot be prosecuted by the crown. Making an illegitimate copy for profit or in order to harm the copyright holder, though, is a criminal offence (see section 107 of the Copyright, Designs and Patent Act 1988[1]).
“He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.”
― Thomas Jefferson
Jefferson wasn’t scrambling to pay his mortgage with those ideas. See also: Amazon and open source, why should Amazon be the only one able to make a profit? If the ideas have no value, then all that matters financially is manufacturing and infrastructure
I don't even know what my personal stance on piracy is but the subject is clearly more complex than saying that theft applies only to physical objects.
The fact that some powerful organizations are trying to complicate a matter does not make it complicated per se.
In my country the law criminalizing theft begins thus:
> Stöld
> Stöld beskrivs i 8 kap. 1 §. Stöldbrottet förekommer i tre allvarlighetsvarianter:
> * Ringa stöld (tidigare snatteri): 8 kap 2 §
> * Stöld: 8 kap 1 §
> * Grov stöld: 8 kap 4 §
> Skyddsintresset vid stöld är äganderätten. Endast lösa saker samt del till fast egendom kan ägas.
The third sentence defines property as physical.
Reading texts on international property rights it’s always quite clear what everyone is talking about. “Intellectual property” is sometimes mentioned as an aside with an extra caveat that it is not widely recognized.
Yes, but people are allowed to express a strong opinion on a complex subject without also specifically mentioning all the caveats and possible counter-arguments to their position.
By all means argue back and add the nuance you think is missing, but it's intellectually dishonest and lazy to just say "ah, but it's more complicated than that".
I remember one RMS lecture that made me think. He pointed out that the so-called "intellectual property" doesn't really exist. What exists are certain laws, such as patents, copyright, trademarks and so on. Each of these recognizes the benefit to society of temporary restriction of freedom of others to use the ideas that were invented/transmitted by others.
If you want to know how bullshit intellectual "property" is, ask the simple question of who owns the personal information the ad company collected about me?
Of course, the ad company owns it, because of their hard intellectual work of collecting it.
Me? No, why would I own information about me? What logic of property is this?
That’s incorrect. One absolutely can steal ideas, it’s even used explicitly in the definition of multiple dictionaries: “to claim credit for another’s idea” [1]; “to appropriate (ideas, credit, words, etc.) without right or acknowledgment” [2]. The word steal has many definitions that don’t involve taking physical property, e.g., stealing elections, stealing liberty, stealing base, stealing a kiss, making fraudulent deals, etc., etc..
Metallica made sure that argument doesn’t hold water in court back when they were suing all their fans for downloading their music on Napster. To this day I remind everyone who will listen why I refuse to listen to them ever again whenever their name comes up.
they are greedy hateful bunch, I'm always wary of their fans flashing with Metallica t-shirts and expect them to be the same greedy hateful bunch as well
"Stealing" has been used as a common word for "copying without permission" in the digital age. To try to play word games by trying to walk back the definition of stealing to mean only "taking someone's physical property" is completely pointless and futile unless you're just trying to feel OK with yourself copying without permission.
If I produce and distribute content like music or videos, it's fair for me to want people that want to rent or own it to pay for it. I put a lot of time and effort into it, I have to manage and market it, maybe store it, and I want to make a living at it.
If people are stealing it, ahem, copying without permission, it undercuts my living. I have a right to earning from my work, and you don't have a right to just download it or copy it or distribute it to others without me getting paid for it. It's literally preventing earnings for me that would otherwise happen if you didn't copy it without permission (ahem, stealing).
"Stealing" is morally charged and too associated with the loss of property to be a fair or accurate term here. It's not word games; it's conceptual analysis and a basic understanding of rhetoric.
Digital piracy, broadly speaking, is unauthorized copying. Depending on the context, it could be theft. Sometimes that theft is legal, but people feel it shouldn't be on moral grounds. Other times that theft is illegal, but people feel it shouldn't be on moral grounds. Sometimes, it's just not theft at all.
Yeah but if you sell them something and they click “buy” or “purchase” and not “rent” and then you revoke the license years later you’re the thief, not the person downloading what they purchased on utorrent.
You really don't. If you don't work on things that are profitable at the moment you don't have any innate right to earn anything from your work. Right to earn comes from specific agreements with employers. Earning might also come from innate profitability but it's not a right then as the profitability is ephemeral thing.
When the people who sell it to us are free to revoke access at any time, then there's no walking back being done by us. We're just recognizing that the accepted state of things was reneged on by one party and they can't insist on being in the right when we decide we're not obligated to follow their arbitrary rules anymore.
Tl;dr: Supreme Court ruled bootlegged/pirated media does not constitute theft as it does not deprive the legal owner of his/her property. That’s why they had to invent the term—“Copyright infringement”
Of course you can steal information, there's no reason why the notion of theft ought to be limited to physical goods, we're not living in the stone age. 90% of what we do and own exists in digital form. We can take possession of it, protect it, lock it away, attribute ownership to it as much as we can do to any physical property. If you disagree I'd appreciate if you could tell us your credit card information.
People just try to rationalize their behavior and play silly word games because they're attempting to avoid the simple fact that piracy is robbing other people of their labour.
Kant gave us a good principle, universalizability. If everyone pirated, creators would not get compensated, therefore they could not sustain themselves and it would be obvious that the value of their work is being stolen. Evidently, pirates are free-riders and their theft just isn't evident because enough people usually compensate for it.
If everyone pirated, the only people who would create content would be people doing it purely for the sake of art or their own enjoyment, far more people would be personally involved in creating art (in music for example, there would be far more people going to see local performances if there were less music produced as mass media due to loss of profitability), mass media would be reduced and more art would be local (and still physical), increasing the richness and diversity of the media landscape.
In my opinion, that would be a far superior world to the one we live in.
> If you disagree I'd appreciate if you could tell us your credit card information.
I'm not talking about being obliged to share. Of course people should have the right to not share their credit details. My point is that if you receive information from someone, then choosing to share it with a third party is not stealing.
Actually, an obligation to share information is a restriction on freedom just like copyright, which can prohibit sharing information.
> they're attempting to avoid the simple fact that piracy is robbing other people of their labour.
It's not. A pirate is just another non-customer. There's robbing involved when someone chooses not to buy something. Watching a movie at a friend's house isn't robbing the producers of anything. Neither is buying something second hand. These are all non-customers of the original creator.
It works very differently, as getting a free digital copy of anything don’t leave others without it. There’s no shortage of the product. If I steal a piece of bread from a shop, it won’t be there. If I pirate an episode of whatever tv show, it won’t disappear for others who were to buy it. Company won’t see a difference if I won’t buy the product otherwise. Even the opposite, it’s net positive for the company, as more people familiar with the product may come back to it later and buy it, or make others buy it. See Windows, Photoshop. Or for books, I may download expensive books to read, and if I see the book is worth buying, I may buy it if I can afford it. And/or I may tell others the book is great, so they will buy it. And in the end it gives the company more benefit then me not ever touching their product in the first place.
That's a coherent position, but it is also perfectly reasonable to argue that it's not because you have a copy and have not removed the original.
Edit: Note that this doesn't inherently make piracy okay, since it may deprive the owner of revenue or other benefits; there's a difference between objecting to piracy and saying that it's exactly theft.
what word would you use if you hired a lawyer or accountant to do some paperwork and when they finished you just copied the documents and then didn't pay them because "it's not stealing, it's just communication"?
In the case of cars (the go-to object for all analogies) the bad guy is charged with "unauthorized use of a motor vehicle". That's not stealing either.
You’re using one of the intransitive definitions but general speaking it’s the transitive forms that apply to digital content, ideas, information, etc.
1. to take or appropriate without right or leave and with intent to keep or make use of wrongfully
2. to take away by force or unjust means
3. to take surreptitiously or without permission
You may not want stealing to mean that… but that’s irrelevant to reality.
The point is that stealing has traditionally meant denying the rightful owner the thing that has been stolen. What is going on here is that a copy has been made without permission - piracy is copyright infringement, this is different to stealing.
Now there has been a lot of effort by the media industry to equate copyright infringement with stealing, I think because the public at large doesn't really understand infringement as a terrible thing. Stealing appears in the 10 commandments, so in our judeo christian societies it's a home run to get 'right thinking' people on side.
Also in these transitive definitions, stealing is about taking. And in the case of piracy (communicating information to others without permission of the original source), nothing is taken.
The person that came up with the idea still has it. The photographer still has the picture. The programmer still has the program.
It's just about what another person may do with it, the one receiving the picture. May they also send it to someone else? We could have different ideas about that, but calling it "stealing" is inaccurate.
> To steal means to physically take someone's property without their consent
That's one meaning. As with many English words that one has several. Here are several examples of how "steal" is used in English for things that involve other than taking physical taking of property:
• Someone says they do not like cats and have no interest in having one as a pet. A cute stray kitten shows up on their doorstep, they take pity and feed it. They fall in love with it and keep it. They might say that the kitten "stole" their heart.
• An actor playing a minor role in a play gives a performance that outshines the performance of the stars. Many would say that the actor "stole" the show.
• An employee of a rival company poses as a janitor to gain access to your lab and takes a photo of a whiteboard containing the formula for a chemical that is a trade secret in your manufacturing process. It would be common to say that the rival company "stole" your secret formula.
• When crackers gain access to a company's list of customer email addresses, passwords, or credit card numbers, it is commonly said that the data was "stolen".
• Alice is Bob's fiancé. Mallory woos Alice without Bob's knowledge. Alice elopes with Mallory. Most would find it acceptable if Bob said that Mallory "stole" his fiancé.
• A team that has been behind since the start of the game but wins on a last second improbable play is often said to have "stolen" the game.
False. When someone without your permission copies your source code, plans or inventions, which are not physical things, is this not theft? What about the non physical bits and bytes in your Dropbox or bank account? That's just like, an exchange of information, man. Why must the "physical" qualifier be there?
One does not merely copy the numbers in a bank account when committing theft. The key part is depriving the original owner of the use of the item.
Whether you think piracy is right or wrong, there is a crucial difference between traditionally understood stealing or theft, in that the original owner no longer has the thing. With copyright infringement that’s not the case.
tim333|2 years ago
seabass-labrax|2 years ago
[1]: https://www.legislation.gov.uk/ukpga/1988/48/section/107
kybernetikos|2 years ago
rusk|2 years ago
gentleman11|2 years ago
sk11001|2 years ago
I don't even know what my personal stance on piracy is but the subject is clearly more complex than saying that theft applies only to physical objects.
fmbb|2 years ago
In my country the law criminalizing theft begins thus:
> Stöld
> Stöld beskrivs i 8 kap. 1 §. Stöldbrottet förekommer i tre allvarlighetsvarianter:
> * Ringa stöld (tidigare snatteri): 8 kap 2 § > * Stöld: 8 kap 1 § > * Grov stöld: 8 kap 4 §
> Skyddsintresset vid stöld är äganderätten. Endast lösa saker samt del till fast egendom kan ägas.
The third sentence defines property as physical.
Reading texts on international property rights it’s always quite clear what everyone is talking about. “Intellectual property” is sometimes mentioned as an aside with an extra caveat that it is not widely recognized.
tkfu|2 years ago
By all means argue back and add the nuance you think is missing, but it's intellectually dishonest and lazy to just say "ah, but it's more complicated than that".
dvfjsdhgfv|2 years ago
simbolit|2 years ago
Of course, the ad company owns it, because of their hard intellectual work of collecting it.
Me? No, why would I own information about me? What logic of property is this?
amelius|2 years ago
dahart|2 years ago
[1] https://www.merriam-webster.com/dictionary/steal
[2] https://www.dictionary.com/browse/steal
trinsic2|2 years ago
The root of Stealing is to deprive:
deny (a person or place) the possession or use of something.
seanp2k2|2 years ago
Sai_|2 years ago
type0|2 years ago
bregma|2 years ago
eatrocs|2 years ago
- sam & max
gentleman11|2 years ago
neycoda|2 years ago
If I produce and distribute content like music or videos, it's fair for me to want people that want to rent or own it to pay for it. I put a lot of time and effort into it, I have to manage and market it, maybe store it, and I want to make a living at it.
If people are stealing it, ahem, copying without permission, it undercuts my living. I have a right to earning from my work, and you don't have a right to just download it or copy it or distribute it to others without me getting paid for it. It's literally preventing earnings for me that would otherwise happen if you didn't copy it without permission (ahem, stealing).
vehemenz|2 years ago
Digital piracy, broadly speaking, is unauthorized copying. Depending on the context, it could be theft. Sometimes that theft is legal, but people feel it shouldn't be on moral grounds. Other times that theft is illegal, but people feel it shouldn't be on moral grounds. Sometimes, it's just not theft at all.
partitioned|2 years ago
scotty79|2 years ago
You really don't. If you don't work on things that are profitable at the moment you don't have any innate right to earn anything from your work. Right to earn comes from specific agreements with employers. Earning might also come from innate profitability but it's not a right then as the profitability is ephemeral thing.
Sakos|2 years ago
polartx|2 years ago
[Dowling v. United States](https://supreme.justia.com/cases/federal/us/473/207/)
Tl;dr: Supreme Court ruled bootlegged/pirated media does not constitute theft as it does not deprive the legal owner of his/her property. That’s why they had to invent the term—“Copyright infringement”
Barrin92|2 years ago
People just try to rationalize their behavior and play silly word games because they're attempting to avoid the simple fact that piracy is robbing other people of their labour.
Kant gave us a good principle, universalizability. If everyone pirated, creators would not get compensated, therefore they could not sustain themselves and it would be obvious that the value of their work is being stolen. Evidently, pirates are free-riders and their theft just isn't evident because enough people usually compensate for it.
newt_slowly|2 years ago
In my opinion, that would be a far superior world to the one we live in.
stcg|2 years ago
I'm not talking about being obliged to share. Of course people should have the right to not share their credit details. My point is that if you receive information from someone, then choosing to share it with a third party is not stealing.
Actually, an obligation to share information is a restriction on freedom just like copyright, which can prohibit sharing information.
giantrobot|2 years ago
It's not. A pirate is just another non-customer. There's robbing involved when someone chooses not to buy something. Watching a movie at a friend's house isn't robbing the producers of anything. Neither is buying something second hand. These are all non-customers of the original creator.
ineptech|2 years ago
walteweiss|2 years ago
yjftsjthsd-h|2 years ago
That's a coherent position, but it is also perfectly reasonable to argue that it's not because you have a copy and have not removed the original.
Edit: Note that this doesn't inherently make piracy okay, since it may deprive the owner of revenue or other benefits; there's a difference between objecting to piracy and saying that it's exactly theft.
beej71|2 years ago
Angostura|2 years ago
hug|2 years ago
You can’t make a billion dollars, IP free, and that’s okay with me.
nox100|2 years ago
unknown|2 years ago
[deleted]
scotty79|2 years ago
tuhriel|2 years ago
If laywer sets up such a contract with you, he can't be a good one.
I'll see myself out...
rzzzt|2 years ago
rezonant|2 years ago
...And unauthorized use of a motor vehicle as a second count.
kthejoker2|2 years ago
benj111|2 years ago
In the UK you can be charged with theft.
For joyriding and dumping they created the crime of twoccing (taking without owners consent).
A 'twoker' is also a derogatory term for a certain class of person
photonerd|2 years ago
You’re using one of the intransitive definitions but general speaking it’s the transitive forms that apply to digital content, ideas, information, etc.
1. to take or appropriate without right or leave and with intent to keep or make use of wrongfully
2. to take away by force or unjust means
3. to take surreptitiously or without permission
You may not want stealing to mean that… but that’s irrelevant to reality.
cesaref|2 years ago
https://www.copyright.gov/help/faq/faq-definitions.html#:~:t....
Now there has been a lot of effort by the media industry to equate copyright infringement with stealing, I think because the public at large doesn't really understand infringement as a terrible thing. Stealing appears in the 10 commandments, so in our judeo christian societies it's a home run to get 'right thinking' people on side.
stcg|2 years ago
The person that came up with the idea still has it. The photographer still has the picture. The programmer still has the program.
It's just about what another person may do with it, the one receiving the picture. May they also send it to someone else? We could have different ideas about that, but calling it "stealing" is inaccurate.
Blahah|2 years ago
123pie123|2 years ago
tzs|2 years ago
That's one meaning. As with many English words that one has several. Here are several examples of how "steal" is used in English for things that involve other than taking physical taking of property:
• Someone says they do not like cats and have no interest in having one as a pet. A cute stray kitten shows up on their doorstep, they take pity and feed it. They fall in love with it and keep it. They might say that the kitten "stole" their heart.
• An actor playing a minor role in a play gives a performance that outshines the performance of the stars. Many would say that the actor "stole" the show.
• An employee of a rival company poses as a janitor to gain access to your lab and takes a photo of a whiteboard containing the formula for a chemical that is a trade secret in your manufacturing process. It would be common to say that the rival company "stole" your secret formula.
• When crackers gain access to a company's list of customer email addresses, passwords, or credit card numbers, it is commonly said that the data was "stolen".
• Alice is Bob's fiancé. Mallory woos Alice without Bob's knowledge. Alice elopes with Mallory. Most would find it acceptable if Bob said that Mallory "stole" his fiancé.
• A team that has been behind since the start of the game but wins on a last second improbable play is often said to have "stolen" the game.
sdiupIGPWEfh|2 years ago
swinglock|2 years ago
Nursie|2 years ago
Whether you think piracy is right or wrong, there is a crucial difference between traditionally understood stealing or theft, in that the original owner no longer has the thing. With copyright infringement that’s not the case.
spellbaker|2 years ago
[deleted]