I think you are misunderstanding what "theft" means. If you have a
physical book, and I take it from you unlawfully, it is stealing - you
no longer have the book, and I have it. If you have a computer file and
I copy it unlawfully, it is not theft of the file - you still have the
file. If you had planned to make money from that file, and can't now
that I have an unlawful copy that I pass on to others, it is not theft
of the file - you still have the file. It is not theft of your lost
income, because you never had that income to take (it is potential
income, not real money), and I don't have the money either. If it is
over a certain limit, it is a crime - but it is not theft.
If I break your fingers, thus depriving you from income from working as
a programmer, I am committing a crime - but I did not steal your fingers.
You are also mixing up crimes with unlawful actions. A "crime" is when
you do something against the state - you can be arrested by police,
charged in a criminal court, and jailed or fined by the court - if
proven guilty beyond all reasonable doubt. In civil lawsuits, you do
something against another person that does not harm the state - such as
copyright infringement, breaking a contract, etc. You cannot be
arrested for it, but you can be summed to a civil court. The case is
decided on "burden of evidence" (i.e., a fair fight between the
parties), and the losing part must pay compensation to the winner, and
perhaps abide by injunctions - but you cannot be imprisoned.
(This is based on my rough understanding, and on an average for Western
judicial systems. Don't take it as legal advice!)
> You wrong as a matter of fact about criminality. Not all breach of
> copyright is a criminal offence in addition to being a civil wrong,
No breach of copyright is a criminal office - it is a civil offence.
> but
> where done for profit it usually is. You are simply wrong that for
> breaches of copyright "it does not mean it is ... a crime".
Depriving someone of their expected income can be a criminal offence.
In some jurisdictions, there are additional laws making things like
breaking encryption systems a criminal offence. But it is not the
copyright breach that is the crime - it is the other matters or
consequences of it.
(And even when it leads to a crime, that crime is not "theft" and it
most certainly is not "piracy".)
>
> In the UK the provision in question is section 107 of the Copyright,
> Designs and Patents Act 1988 as amended and you can read it at your
> leisure here:
http://www.legislation.gov.uk/ukpga/1988/48/section/107 .
> Article 61 of the Agreement on Trade-Related Aspects of Intellectual
> Property Rights (covering all members of the World Trade Organization)
> requires that signatory countries establish criminal procedures and
> penalties in cases of "willful trademark counterfeiting or copyright
> piracy on a commercial scale". Directive 2001/29/EC is more opaque
> about criminal offences: Article 8.1 says that "Member States shall
> provide appropriate sanctions and remedies in respect of infringements
> of the rights and obligations set out in this Directive and shall take
> all the measures necessary to ensure that those sanctions and remedies
> are applied. The sanctions thus provided for shall be effective,
> proportionate and dissuasive." The need for them to be dissuasive
> implies criminal sanction for willful commercial breach of copyright
> and I believe all EU members have in fact implemented such sanctions,
> if only because they are also members of TRIPS.
>
> The paucity of your argument is made evident by your implication that I
> was comparing copyright infringement to mass murder, or any other kind
> of unlawful killing for that matter. No fair reading of my post could
> possibly imply that. Nor for that matter do I think that when people
> refer to copyright "piracy" (I did not) they are making a similar
> suggestion. I do say that there is an analogy to theft. And I do say
> that the semantic arguments are a waste of time.
>
I did not in any way imply that you viewed copyright infringement as
being akin to mass murder. (I /have/ seen public figures claim it is as
bad as real piracy, which can involve murders - but I am not suggesting
at all that you think that.) And I agree that when people talk about
"software piracy" they do not mean "real piracy". But they often /do/
think it is theft, which is wrong.
I believe we agree that simple copyright infringement is typically a
civil matter, leading perhaps to being sued for compensation. And we
agree that more serious cases, such as when copies are sold or the the
rightful owner loses significant money, can be crimes.
What we do not agree on is the name of the crime (when it is a crime).
AFAIK, it is never "theft". And it is never "piracy" - though people
use that term. People also incorrectly call it a crime, "theft" or
"piracy" even for cases that are not a crime at all.
I believe you will not find anyone in this newsgroup who could honestly
deny having ever breached a copyright. But I believe you will find very
few who would admit to being a criminal, a thief, or a pirate. The
terms /do/ matter.
But it is probably still a waste of time arguing about the terms.