Originally posted by: jdoggg12
So if you download an MP3 to your computer, and you "copy" it to the MP3 player, thats stealing?
According to Pariser, yes.
In the real world, no. Stealing refers to the taking of goods, in which the owner loses possession and the thief gains possession. As such, it is completely inappropriate and nonsensical to apply the words theft and stealing to intellectual property, and doing so is an inflammatory attempt at deception. It is no more accurate to say that someone stole intellectual property than it is to say that they molested it, desecrated it, confused it, or harassed it. Ironically, if the chrages were merely petty theft (ie physically stealing a cd from a store), the penalty would be far less than the penalties for violating copyright or other intellectual property.
According to the law, when you listen to copyrighted music you are making an illegal copy of it in your brain as a memory. All they have to do is find a way to prove that you remember something copyrighted, and then they can get everyone who heard the copyrighted song for violating copyright law. The obvious solution is that copyright law should specifically allow everyone to make backup copies and copies for personal use.
From Dict.org:
To take, and carry away, feloniously; to take without
right or leave, and with intent to keep wrongfully; as, to
steal the personal goods of another.
1. (Law) The act of stealing; specifically, the felonious
taking and removing of personal property, with an intent
to deprive the rightful owner of the same; larceny.
[1913 Webster]
Note: To constitute theft there must be a taking without the
owner's consent, and it must be unlawful or felonious;
every part of the property stolen must be removed,
however slightly, from its former position; and it must
be, at least momentarily, in the complete possession of
the thief. See Larceny, and the Note under Robbery.
[1913 Webster]