I for one believe that there needs to be a victim in order for a crime
to occur. The traditional notion of theft is pretty simple. Resources
are scarce and therefore we have concepts such as ownership and value.
If I have an apple tree that feeds my family, that tree can produce a
limited number of apples. If someone steals a bunch of them, then there
are not enough left over for my family and we go hungry. However, this
has become much more complicated in the digital age. If my apartment
building is wired for cable TV and I'm paying for it, but my neighbour
taps into it without paying, is he stealing? In one sense, he is getting
a service that he is not paying for and that could be considered theft.
However, the signal is running through the cable whether or not he is
paying for it. The cable company is not losing anything that they had
before he began tapping into the line. The only potential loss is the
opportunity cost of a lost customer, but there is nothing to say that he
values cable TV enough to pay the high price that he would have to in
order to obtain it legally. 

Likewise, I have downloaded some really bad movies that I never would
have rented or purchased. By downloading the movie, the movie companies
are not actually losing anything, because I do not place any value on
their product. With the kinds of profits that they make on these films,
I do not feel bad that I have not paid for them. In the end, if the
person who is using the service without paying can sleep at night and
the producers of the content are not actually losing anything tangible,
then I am not convinced that such things are actually crimes.

Jesse


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