[pp.int.general] map of intellectual property rights in lund
Edison Carter
the.real.edison.carter at gmail.com
Tue Dec 8 21:01:10 CET 2009
> Another problem is the gradual extension of the Theft concept in criminal
> law. Originally one could steal only real things. One can also steal
> electricity (it is even codified in German law, and in my country it was
> recognised by the Supreme Court in 1921). The proper word for intellectual
> property has always been: infringement - but why not call it theft too?
> Record company lobbyists (RIAA, IFPI) already do. Criminal provisions for
> fencing already apply e.g. to copyright.
>
>
I tend to use the distinction between limited and unlimited goods.
If I take a car that's theft, because there is only one car and my taking it
deprives the owner.
If I take electricity without paying for it I am using up some limited
generating capacity. The same electricity (some number of kWh) cannot be
sold to another customer because I used it. I can accept that being called
'theft' too.
Even if I take up the time of an accountant or lawyer and then don't pay
their bill, that is a number of hours from their working week that they
cannot sell to another client.
However if I copy a CD, I have taken nothing. The original recording is not
affected in any way. The songwriter, recording artist or anyone else in the
music industry were not inconvenienced at all. At most they may have lost a
sale but this is no different that if I had chosen to buy someone else's CD,
listen to something in the public domain instead, or go for a walk in the
park instead of listening to music.
> Some people don't understand that information is really something very
> different than material goods. There is a law of conservation of matter
> (mass), but no law of conservation of information (I am referring to laws of
> physics here, of course!)
>
>
I might divide this further into three categories;
Limited tangible items such as cars, handbags, or televisions. Or physical
objects such as polycarbonate disks containing information.
Limited intangible things such as 'time' or 'capacity' (Artist's time for
interviews and performing, number of seats in a venue, etc)
Infinitely reproducible 'information' such as the contents of a DVD or CD,
or the number of receivers that can tune into a single broadcast signal.
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