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by jimmaswell 1914 days ago
Interesting how the same crowd that insisted copying a video game isn't stealing now frames collecting data as stealing.
3 comments

Copying a game is a one-time event, and everyone gets the exact same code/product.

When collecting usage data, the data is different each time you collect it, and its not a one-time event, it happens over and over.

I'm not condoning copying games, just saying its not a fair comparison to gathering your usage data.

In legal terms stealing != stealing. There is larceny, petty larceny, grand larceny. One type gets you a slap on the wrist (stealing one's personal data for monetary gain). Another gets you a ridiculous monetary fine (downloading a song/game from torrents). It's out of balance like the murderer going free while the kid with minor amounts of weed going to jail.
I find it absurd to frame making an observation (this person buys a lot of cereal from my store, so I'll tell him about a new brand of cereal that came in he might like) as stealing their data. How do you justify that? How has this cereal buying customer been robbed?
Harvesting peoples behavioral or other data is depriving them of privacy. There is lots of precedent for why privacy is important. So to be specific, the data collection is "stealing" privacy.

And with respect to the gp comment, this is actually different than copyright infringement, where the infringer is not depriving the copyright holder of anything, except potentially a business model based on withholding information. There is obviously a lively debate about the appropriate reach of copyright law, but imo at least, copyrights are more abstract that the privacy rights that are being infringed through surreptitious data collection

> Harvesting peoples behavioral or other data is depriving them of privacy. There is lots of precedent for why privacy is important. So to be specific, the data collection is "stealing" privacy.

It's not always black and white as the OP demonstrates. Store owners memorize their customer's preferences or habits in hoping of their return; waiters do so to please their customers for tips. The customers weren't consented but that still isn't stealing. Scaling it up, small mom and pop stores compete with big box chain by providing better customer services. They can't do that without knowing their customers. That isn't stealing either.

So where is the line? I'd argue collecting customer's information en mass for the purpose of reselling being the line and that isn't perfect either.

A waiter doesn't sell to an adversting company the fact that I like my food prepared a specific way, nor does/did my local bar tender sell to advertisers that i prefer a specific cocktail. Comparing these are night/day different from what pervassive online tracking is doing.
What? All dollar bills are the same (functionally anyway) but if I take one from you that’s theft.

Why would the uniqueness matter?

I'm feeling like copying a finished product that is generally available for sale is not the same as capturing the developer's keystrokes in real-time.
But they're both theft, no?

Again, a dollar bill is a widely-available for sale finished product.

Are you talking about any particular individuals or organizations? Who are they? Is this just a general observation? In which case... what evidence do we have to support your statement? Are you suggesting 100% of individuals who support piracy also support privacy? Or is it more like 1%?
We're trying to prevent the data from being created and collected in the first place. Data is abundant after it's been created. Once it's in a database it's a lost cause.