On 10 Aug, 2010, at 11:32 AM, Tim Schofield wrote:
You are the only person on this list arguing that taking something
that does not belong to you without the permission of the owner is not
theft. The argument of the rest of this list is that it is acceptable
practice as they are being robbed by other people as well.
Actually, I'm with Kyle on this one.
Your definition of "theft" quite literally means I can't hum a song in
the shower if I didn't write it without paying royalties. Furthermore
your definition of "theft" means a bar/pub can not play a public radio
or TV station's program (especially if it's popular) without paying
royalties to each artist the program may feature.
Article 13 of TRIPS you mentioned earlier tries to balance the right
of the artist to control the use of their creation with the right of
the recipient/consumer to use the creation. This is one application of
the Berne three-step test. Any push in one set of rights by definition
will infringe on the other.
As a result of your definition of theft your examples are a bit
skewered. Hacking any site is illegal. Caching the site using squid or
similar for faster local access however is _NOT_ (at least not in my
books).
--
patrick
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