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by deong 2986 days ago
It's still going because that's the way people talk. You can actually "steal" an idea, even though it's not physically possible to remove the original from the person's mind. You can steal a kiss. You can steal second. Words mean what people use them to mean, and it's a perfectly acceptable use of the word "steal" to mean something like "adopted use of an artifact for the purpose of deriving a benefit rightfully belonging to its creator".

I'm personally surprised the "copyright infringement isn't theft" meme is still going strong.

2 comments

> Words mean what people use them to mean

Semantics matter though when even courts start to become confused by the inexact use of terminology.

Here is a copyright infringement case that had to be taken to the US supreme court to reverse a guilty verdict for "interstate transportation of stolen property": https://en.wikipedia.org/wiki/Dowling_v._United_States

The difference is that there is no loss. In the circumstances that you list there actually was something taken from someone, e.g time taken from something else, or I guess kissing someone you were not supposed to.

You can argue that a person might have gone to see the movie if they hadn't downloaded it, but that's kind of a dumb argument.

>The difference is that there is no loss.

In this thread, we recognize the existence of supply / demand.

It is exceptionally ignorant to claim that increasing the supply of a relatively scarce thing has no economic impact on the creator / owner.

Actually, what is really exceptionally ignorant is to apply laws of supply and demand to digital assets.

What I find really ignorant though, is you've decided that lowering demand is equivalent to theft. Does that mean competitors are "stealing" from one another.

It's only ignorant to apply supply and demand to digital goods if you start from the premise that copyright shouldn't exist.

1. Copyright shouldn't exist. 2. If copyright didn't exist, anyone would be able to get any digital file easily without restriction. 3. If you can get any digital file without restriction, then supply is infinite and demand doesn't matter. 4. If supply is infinite, then supply and demand doesn't matter and you're ignorant for trying to apply it.

That's basically the argument you're making, and you're rather trivially just assuming the consequent.

On the second part, that's just a really faulty analogy. Competitors aren't "stealing" from one another for the simple reason that they haven't taken anything. Copyright infringement isn't "stealing" demand. It's stealing an item that has demand. It's the infringement that's the theft, not the consequences. The consequences are just the justification for having the law in the first place. To repeat, competitors aren't "stealing" when they lower demand for the stupidly obvious reason that they haven't stolen anything.

It's only ignorant to able to apply the laws of supply and demand to something where supply _is_ infinite.

Copying a file is free, it's weird to make it equivalent to theft when there is no loss on behalf of the studio. Perhaps a better example would be one friend sharing a dvd with another friend.

That's what I'm saying though, it is stupid, to call file sharing theft. Theft involves loss on behalf one party. If simply taking profit(file sharing media companies would say) is enough to count as theft, then regular competition does that.

Another analogy: suppose you had a technology where you could clone real life items, you could copy food, cars, precious metals etc. you wouldn't call that theft. However in computing that technology readily exists.

Another thing, you're conflating laws with morality, just because something is illegal doesn't mean it's immoral. Copyright has been extended again and again by the Disney company afraid to lose their mouse.

And the correct lotto numbers tomorrow are free once you know them once, but that's not how prices work.

And what I'm saying is that you're simply declaring by fiat that there's no loss to the studio when you copy a file they own the rights to, and from there, building up to a conclusion that there's no loss to the studio when you copy a file they own the rights to.

It's a circular argument that falls apart because I reject the premise that I suffer no loss if you infringe on my right to profit from my own creation. You're not going to be able to argue me away from that by just saying the opposite is true with no further evidence.

Again, theft isn't depriving someone of property. If I go to your house and say, "ooh, cool guitar" and you give it to me, no theft has occurred. You've been deprived of that guitar, but I had the right to take it because you gave me permission.

Theft is committing an act of taking something that you don't have the right to take. The value of that thing doesn't determine whether or not it's theft, it determines damages. Regular competition or loaning a DVD to a friend don't consititute theft because you took no action you aren't allowed to take. The law allows you to make a competing product or to loan your books and movies to a friend for personal use. That's the whole reason why we don't refer to that as stealing something.

You can't steal something if you didn't steal something, regardless of the impact your action has on someone else. But in copyright infringement, you took something. You took the exclusive right to distribute a piece of content. That is an actual thing that is recognized by law and by common everyday economics as a real thing that has value. Depriving its rightful owner of that thing can be reasonably described as theft.

I haven't mentioned morality at all. I haven't even mentioned my personal stance on what I'd like to see IP law become. The only think I'm doing is arguing against this notion that it can't possibly be considered "theft" unless there's physical piece of plastic involved.