[eumenides1]

I think the analogy is wrong. EA didn't lose any physical copies.

I think a better analogy would be Chapters/Barnes & Noble (A Book Store) had accidentally put in free to use high quality photocopiers inside their store. The photocopiers were intended to be free to use, but not intended to be used on the books in the store.

Your argument isn't morally analogous because theft implies EA were deprived of something (EA still can sell and play their games), when the issue at hand is the EA botched up controlling access to their product. In your argument, Apple can't sell the stolen merchandise any more.

The more important part for EA would not to be to "punish" or claw back copies. That genie is out of the jar. They should just chalk it up to marketing and move on (fix the technical issue).

[chrisbennet]

"Your argument isn't morally analogous because theft implies EA were deprived of something (EA still can sell and play their games), when the issue at hand is the EA botched up controlling access to their product. In your argument, Apple can't sell the stolen merchandise any more."

This whole "if you still have the physical object, you weren't robbed" is a rationilization. If your school decides not to give you a diploma you still have whatever you learned - but now the value of your education in the marketplace has been reduced.

Repeat after me: "Taking something that isn't yours without permission is stealing."

[ConceptJunkie]

But... the fact that the servers honored the code being used multiple times _is_ permission. You can't assume that this wasn't EA's intent, (although it's almost certain it wasn't). Ultimately, the onus is on EA to make their system work right.

I'm not arguing that people who abused the code weren't doing something wrong, but it is not cut-and-dried. However, I definitely disagree with the idea that they were "stealing".

I think a better analogy is when a business accidentally advertises a product at the wrong price. They are required by law to honor the advertisement even if it was a mistake. This is much closer to the situation with EA than the idea that they "left their front door unlocked", etc. Regardless of other circumstances, the transaction was legal, and I think the law might well require EA to honor it... but I don't know the details.

Another analogy would be issuing a coupon and forgetting to include "limit 1 per customer", or even having a salesperson giving out free product, who misunderstands and doesn't limit the product to one per customer.

Would customers in those cases be considered "stealing" if they took advantaqe of these situations? I don't see how that can be argued. Could they be accused of being greedy? Definitely, but as much as people might wish otherwise, being greedy isn't against the law.

FWIW, I didn't use this code, and wouldn't have exploited it even if I had. I have too much great stuff already from GOG, Steam and Humble Bundle, etc... that I don't have time to play it all. I have no need nor interest in exploiting anyone in this way.

[dkokelley]

But... the fact that the servers honored the code being used multiple times _is_ permission.

I'm not sure. It's my understanding that the intent (and legal TOS) of the code was "limit 1 per customer. Non-transferrable." The fact that the server allowed it doesn't change the fact that the intent was for it to be used once.

Imagine a bowl of candy out during Halloween. There is a sign that says "Take only one". The fact that this house failed to implement a means of controlling how many people take doesn't make it OK to take two handfuls.

The important distinction in this case is what the legal language of acceptable use was, and not what was possible through the (broken) server. If you fail to print "limit one per customer" on your coupons, that's a lesson learned. If you DO print "limit one per customer" but fail to validate that at the self-checkout lane, and people abuse it, that's fraud.

*This all predicates on whether the actual language stipulates that the code really is only good for a single, non-transferrable use.