Tuesday, March 13, 2012

"Is copyright infringement theft?" is the wrong question

This particular trained lawyer wishes that we could never talk about whether cop... | Hacker News: There are laws against stealing physical property. Copyright infringement doesn't violate them. There are laws against copyright infringement. Copyright infringement does violate them. The question of whether "stealing" is good shorthand for "copyright infringement" is a total waste of time. The real point is whether the copyright infringement laws are good laws. ... So when we talk stealing and infringement, we're talking about violations of someone else's alienable rights. When you take away all of my alienable rights over my bike, that's called stealing. When you take them temporarily, it's "wrongful appropriation." When you take my right to exclude people from my property, that's called trespass. When you take my right to decide who rents my bike, it's theft of services. When you take my right to decide where this comment gets published, it's copyright infringement.
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