• @merc@sh.itjust.works
    link
    fedilink
    English
    322 months ago

    Also, “piracy” or “copyright infringement” isn’t theft in any sense.

    A key element of theft is that you deprive the rightful owner of something. You now have it and they no longer do. What makes it wrong is that the person who should have it no longer does. It’s not that you have it. That’s why the punishment for “mischief” where someone completely destroys something belonging to someone else is similar to the punishment for the theft of that same object.

    Copyright infringement is breaking the rule that the state imposed giving someone the exclusive right to control the copying of something. You’re not depriving anyone of anything tangible when you infringe a copyright. They still have the original, they still have any copies they made, any copies they gave out or sold are still where they were. The only thing you’re doing is violating the rule that gave them exclusive control. If you’re depriving someone of anything, it’s depriving them of the opportunity they might have had to make money from selling a copy.

    If anything, copyright infringement is more similar to trespassing than to theft. Just like copyright infringement, trespassing involves not allowing someone to control who accesses their property. If you sneak onto someone’s campground property and have a bonfire party, the person loses the opportunity to rent out the campground for the bonfire, and any money they might have received for doing that. But, if you sneak in and sneak out and leave no trace, you could argue that nobody is harmed.

    • ℍ𝕂-𝟞𝟝
      link
      fedilink
      English
      42 months ago

      If you sneak onto someone’s campground property and have a bonfire party

      Ah, I would say that is worse than piracy, since you deprive them of the ground for a time. A better analogy would be sneaking into the party they are having and enjoying it with them without paying for an invitation. Or sneaking into a concert.

      • @merc@sh.itjust.works
        link
        fedilink
        English
        12 months ago

        Ah, I would say that is worse than piracy, since you deprive them of the ground for a time.

        Maybe, in my mind I was picturing a situation where someone had lots of property and didn’t realize that anything had happened. I see your point though, that in theory you’re depriving them of the use of it whereas with copyright infringement there isn’t even a second where they can’t enjoy their own property. They only potentially lose out on a sale.

        Sneaking into a concert that isn’t full is probably a better analogy. You get the experience of the concert without paying for it, and the venue owner maybe loses out on a sale without knowing it.