[LINK] Theft of property... (Theft, copyright, larceny...)

[Sylvano]

----- Original Message -----
From: Rick Welykochy [mailto:rick at praxis.com.au]

<snip>

> Compare these two cases of theft by keyboard:
> 
> CASE I: Sally downloads a copy of Sleeping Beauty on to her computer.
> 
> CASE II: Billy effects a fraudluent transfer of money from Jill's
>           bank account ot his own.
> 
> 
> In CASE I, no-one was deprived of their property. And it would be ludicrous
> in a court to affirm that Sally *would have paid* X amount of dollars
> for the video if she had not downloaded it. On the contrary, it would be
> far easier to prove or at least statistically indicate that Sally *would
> not have paid* any dollars for it. But no theft has occurred.
> 

<snip>

And there is the rub: property.  And the notions of property rights. Since to assume the rights of the owner is considered an appropriation, and a dishonest appropriation is theft. 


The crimes act [CRIMES ACT 1958 - SECT 71] defines property:

     "property" includes money and all other property 
     real or personal including things in action and 
     other intangible property.

and that: 

      property shall be regarded as belonging to any  
      person having possession or control of it, or 
      having in it any proprietary right or interest 
      (not being an equitable interest arising only 
      from an agreement to transfer or grant an 
      interest).

And then in the same act [CRIMES ACT 1958 - SECT 73] S73 gives a lengthy  "Further explanation of theft,"  which includes:

      (4) Any assumption by a person of the rights 
      of an owner amounts to an appropriation, and 
      this includes, where he has come by the property
      (innocently or not) without stealing it, any 
      later assumption of a right to it by keeping or 
      dealing with it as owner.

which helps dealing with the basic definition, already quoted in this thread, from S72:

     (1) A person steals if he dishonestly appropriates 
     property belonging to another with the intention 
     of permanently depriving the other of it.


Sylvano

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