[LINK] Jailbreaking (was: Inaccessible web sites)

[Roger Clarke]

At 17:37 +1100 17/2/10, Ivan Trundle wrote:
>3. I use the term 'stolen' because I believe that this is the 
>correct legal term applied to the illegal copying of software. It 
>has nothing to do with any vested interests or perspectives. I'm 
>being pedantic.

[I stress that I'm trying not to add fuel to fire here, nor to appear 
to criticise either party.  In fact, I'm sympathetic to points made 
on both sides!]

IANAL, but ...

I understand the word 'steal' to be associated only with chattels, 
and *not* to be associated with the other categories of property, 
viz. real estate;  and copyright, patent, trademark and the other 
bunch of nuisances, I mean, business-enriching, I mean 
business-enabling statutory inventions, that proponents conveniently 
(for themselves) collectively label 'IP'.

A key aspect of 'to steal' is 'to deprive the rightful possessor of 
the use of'.

Copying of software in breach of copyright does not involve that feature.

Ergo the word 'steal' is mis-used if applied in the context of copyright works.


<wanders off-stage left, muttering about 'piracy', admiralty law, 
'heinous crime', defamation law, ...>


-- 
Roger Clarke                                 http://www.rogerclarke.com/

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 the Cyberspace Law & Policy Centre      Uni of NSW
Visiting Professor in Computer Science    Australian National University