[LINK] In other news....

[Roger Clarke]

Somebody [I'm not reading many of the postings in this thread] wrote:
>>  I'm quite happy with both "piracy" and "theft".  Legal documents don't
>>  decide how we use common terminology -- its the other way around.  Denial of
>>  this just throws us back on euphemisms and convoluted legalistic
>>  expressions. ...

A decade or more ago, a Perth software house won a copyright 
infringement action in the court, referred to the infringer publicly 
afterwards as a 'pirate', was sued in defamation, and lost.  Piracy 
is a heinous crime, and it's therefore a very harmful comment.


>>  Words change in meaning constantly  ...

Case law has a longer memory for its word-meanings than whoever the 
commentator was (or indeed the rest of us).


<even-more-pompous-than-usual mode.  (It's been that kind of day)>

As regards the use of 'theft' ... Applying to non-corporeal works 
terms that are relevant only to chattels serves only the interests of 
those large corporations that sit fatly on their copyright and patent 
collections and seek ever more expansion of their monopoloy rights / 
corporate welfare arrangements.

Whatever the rest of the population might do, Link Institute members 
should be avoiding the creation of unecessary confusion and using 
appropriate terms, such as copyright-infringement and patent-breach.

</even-more-pompous-than-usual mode.  Or maybe not>


-- 
Roger Clarke                  http://www.anu.edu.au/people/Roger.Clarke/

Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT 2611 AUSTRALIA
                    Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke at xamax.com.au                http://www.xamax.com.au/

Visiting Professor in Info Science & Eng  Australian National University
Visiting Professor in the eCommerce Program      University of Hong Kong
Visiting Professor in the Cyberspace Law & Policy Centre      Uni of NSW