[LINK] Digital property (was RE: It's Queensland - (sorry to Qlders))

[Steven Clark]

On 20/05/11 10:35, Ash Nallawalla wrote:
> Moving away from the Ben Grubb incident and improper detention...
>
> I get it that digital data falls under intellectual property and copyright
> laws, when it comes to topics such as video or software piracy. Let's not
> talk about IP theft.
ip is a box of hammers, comprised of specific sets of 'rights' with
their own peculiarities. each useful for their own purposes - so long as
the 'problem' is a specific kind of nail.

one can steal an object, *and* 'steal' ip associated with it.

> But if I moved a document (say, your own novel manuscript) from your PC to
> mine - moved as in deleted your copy and pasted into mine - did I "steal"
> your "property"? If not, what noun describes the file in legal language? I
> haven't infringed your copyright, since I haven't published it; you simply
> no longer have the bytes.
copyright does not require 'publication'. creating the 'work' creates
the copyright 'right'. technically, you have breached my copyright if
you have done this act without my permission.

the 'property' in intellectual property rights lies in the possibility
of assigning part or all of the rights associated with the relevant
class(es) of rights involved. not in the object or thing to which those
rights may be associated/attached.

when riaa bangs on about 'stealing', it's not really the actual cd or
dvd they care about nor indeed what they're even talking about. it's the
'stealing' of the copyright holder's 'property' interest in their right
over the copying of the contents of the cd/dvd.

in short, you've stolen someone's right to determine who has the
privilege of having a copy of the 'work', *not* the actual physical disc
or digital file. (and thereby, deprived them of the money they might
demand in return for permitting that copy).

of course, you've also 'stolen' a 'thing' - which is a separate, but not
trivial matter.

> It is probably criminal damage, possibly criminal trespass (IANAL), breach
> of other Acts, etc but I'm curious about the noun you no longer have.
if you didn't have my permission to access my computer, you've put
yourself at risk of several computer-related offences: unauthorised
access of a computer system, unauthorised modification of a computer
system.

*how* you got access to the physical computer may give rise to other,
more 'traditional' offences (theft, tresspass, etc)

-- 
Steven