bill...@cs.uofs.edu (Bill Gunshannon) wrote:
> In article <
2b1cc3aaa9f1d804...@dizum.com>,
> Nomen Nescio <
nob...@dizum.com> writes:
> >
bill...@cs.uofs.edu (Bill Gunshannon) wrote:
> >
> >> In article <
1gdad75rtbj1or80s...@4ax.com>,
> >> Robert Adamson <rwadamson<at>hotmail<dot>com> writes:
> >> > On 29 Nov 2011 13:56:17 GMT,
bill...@cs.uofs.edu (Bill Gunshannon)
> >> > wrote:
> >> >
> >> >>Same thing. Why do people here seem so intent on demanding rights to
> >> >>other people's IP?
> >
> > I admire your principles and probably share quite a few. I think where most
> > people are beginning to differ is when it comes to unused software and
> > doc.
>
> Why does "unused" have anything to do with it? I have stuff in boxes
> in my attic that have been "unused" since I packed them for the trip
> back from germany in 1979. Are they any less mine?
Again, again, and again: there is a difference between tangible and
intangible and this is it: if I take what tangible goods belong to you, you
no longer have them. If I copy something you have then nothing happened to
you, so much so that you don't even know it happened. If I did not take away
from you what you own or reduce the value of what you own then I haven't
damaged you.
>
> > Those are both certainly worth money
>
> Value or percieved value are also irrelevant.
Not so, or the concept of ownership is also irrelevant. Ownership requires
value.
>
> > and belong to the people who own
> > them,
>
> The only thing that matters and you seem to accept that ownership exists.
>
> > but unlike tangible property
>
> How is software not "tangible". It physically exists, just like all other
> property.
Things like music, software, and doc or I suppose anything that can be
digitized means it has a different type of existence that is really not
tangible. Please hit yourself over a head with a piece of software to
understand what I am saying. If that doesn't work, slap yourself with a
Mozart symphony. If you need still more proof then knock yourself out with a
novel.
All of those things are intangibles. They can be made somewhat tangible by
printing them or burning them onto a disc but I'm not taking your copy of
the book away or taking your CD if I make a copy. Media is not the essence
of the item.
>
> > making copies of them doesn't do any harm
> > to the originals or affect them in any way.
>
> Why is that relevant? It is still someone else's property.
Property has no meaning unless value and damage also have meaning. Otherwise
how do you define property?
>
> > Obviously this is a grey area
>
> How is it "grey"? It belongs to someone else. you do not have their
> permission to use it. Seems rather black and white to me. The whole
> concept of "grey areas" and "abandonware" is nothing more than people
> rationalizing the theft of someone else's property. Just like people
> who cheat on their taxes because they feel the taxes are unfair anyway
> or commit innsurance fraud because it doesn't hurt anyone, just the
> innsurance company.
Property has to have value, and stealing is defined not by taking something
that doesn't belong to you, but taking an item away from somebody or
reducing the value of what somebody has.
>
> > and if something is still marketed or held and sold occasionally there is an
> > issue of theft.
>
> Theft is theft. The marketability or saleability of an item has no bearing
> on the matter. Must be a lot Thomists in the computer hobbyist field.
>
> > But when something is abandoned, however you define what
> > that means,
>
> Hobbyists seem to have very loose definitions of this. I have known
> people, here, who have had no qualms about using the PDP-11 OSes without
> license or permission even when they were still being actively maintained
> and sold.
I already covered that in a previous post. If something is being sold then
copying without permission is clearly theft, because it is possible loss of
sale.
>
> > There is using that affects
> > the owner's tangible property, I think everyone would agree that's
> > wrong. Using any tangible item inevitably results in wear and tear and there
> > is also the risk of unintentional damage beyond wear and tear.
>
> So, you have come up with personal definitions for "using", "tangible"
> and "wrong". If I am allowed to redefine the terms, anything becomes
> possible. If I go into a local bank and take $100,000 at the point of
> a gun is it a loan if I say it is?
You continue to claim tangible goods (MG, box of stuff in your attic, cash)
are the same as intangible things like software and doc. If you deprive
anybody of something they own you have stolen it. If you make a copy of it
you haven't damaged them, therefore there is no theft involved.
>
> > Making copies of stuff
> > lying around given they were not stolen in the first place
>
> But the copy is stolen. I have dozens of Microsoft OS and Product disks
> "lying around" my office at the University. If someone makes a copy isn't
> the software being stolen?
By your definition of theft and property as I understand it, you would say
making a copy of something is stealing. By my definition, property has to
have value and stealing has to damage the person who has something of value
to be called theft. If I light my cigarette from yours I haven't stolen
anything because you still have your lit cigarette. If I copy your CD or
your book or your music or your software I haven't damaged you. To me that
cannot be called theft.
>
> > or copying from
> > existing licensed but old and unsupported or non-marketed copies
>
> What does age have to do with it?
"old and unsupported" = no value = no damage to "owner" when copied
> What does level of support have to do with it?
see above, it was a phrase, not two isolated words ("and")
> What does level of marketing have to do with it?
If it's not being sold then copying it does no harm because I have not
deprived the "owner" of a sale.
>
> > is like
> > taking a flame from a candle. What harm is done by that? The candle hasn't
> > been affected at all.
>
> Meaningless example. You have not taken a copy of the flame.
It's a very poignant example. You keep arguing from a point of real property
but the whole discussion centers on intangibles. Just as the flame is not
reduced by lighting another candle from it, software, doc, music etc. are
not reduced by copying them, given they are not still being sold.
> What harm is done? One might argue that everytime one performs an immoral
> act it diminishes them as a person. Is there harm in that? I guess if you
> are amoral, none. But I would hope that most people choose to be something
> beyond amoral.
The idea behind property rights is not to protect some abstract notion of
property. It is to protect against loss. If I don't cause you a loss I
haven't stolen from you. I'm not a philospher so I'm not interested in your
line of argument. From a practical standpoint the issue is not to harm
another person. Stealing reduces value and harms. That is wrong. Copying may
or may not harm. I have said if you copy something that is being sold and
that damages the seller then it is theft and it's wrong. If I copy something
that is not being sold and I haven't damaged anyone then it isn't theft and
it isn't wrong.
> >
> >> No one has a "right" to another's property. I need a kidney. Can I take
> >> yours against your will? How about a lung? Your heart?
> >
> > We had the MG analogy and this argument is exactly the same thing. It isn't
> > a good analogy because it's comparing something tangible
>
> There's that word again. let's look at what the dictionary says:
> tan-gi-ble [tan-juh-buhl]
> 1. real or actual, rather than imaginary or
> visionary: ie. the tangible benefits of sunshine.
> 2. capable of being assigned a value in monetary terms.
>
> Seems to me that software meets these two so I guess it is tangible
> >afterall.
The dictionary is nice but it doesn't change reality.
>
> > there is only one
> > of with software and doc that can be duplicated endlessly without affecting
> > the original at all.
>
> I still don't see the relevance of this. I can "duplicate" a book (in
> particular an eBook) "endlessly without affecting the original at all".
> Does that make copying it not stealing it?
Yes, it is not stealing, provided it meets the criteria I posted numerous
times already such as it is no longer being sold, etc.
>
> > The only issue is if those copies cause someone a loss
> > of business
>
> So it is only stealing if it costs someone money? Care to point out that
> definition of stealing in any dictionary?
Stealing is based on the concept of tangible items having value. If
something has no value then stealing is a non-sequitur. Theft means
depriving someone of something they own, or reducing the value of something
they own. If something has no value it cannot be theft. If a copy doesn't
affect the original it is not theft, as long as it does not result in a loss
of sale.
>
> > or if it causes something they own that has real (not book)
> > value to depreciate,
>
> And why do you get to decide what has value and what that value is when
> dealing with someone else's property?
It's a pretty easy test. If someone takes something from someone else and
that reduces the value of what the person originally had or removes some
item belong to that person from his posession, then it is stealing. If it
doesn't affect that value or deprive him of his posession it is not.
>
> > then it is wrong.
>
> Rationalization is so easy.
Putting away dictionaries and popular definitions and instead looking at
legal arguments from a standpoint of value and damage is a lot harder.