[LINK] Jailbreaking (was: Inaccessible web sites)

Kim Holburn kim at holburn.net
Wed Feb 17 18:35:37 AEDT 2010


On 2010/Feb/17, at 6:11 PM, Roger Clarke wrote:
> IANAL, but ...

Likewise

>
> 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.

In the case of software, it has to be copied to be installed and again  
to be run.  In this case the issue is one of licensing.  The user is  
licensed by the "copyright" owners to make the required copies needed  
to run it.

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

Or licensed works.

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


Yeah piracy is sneaking unarmed onto Japanese whalers, oh, maybe not.

Kim

-- 
Kim Holburn
IT Network & Security Consultant
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