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Forums - Gaming - Theft is a very forced metaphor for software piracy

@ Onyx
lol, the only real difference is the value of the products in question. If the bill is large enough from geek squad, guess what, you will still go to jail if you don't pay it. So, what we are having a different opinion on is whether or not a service is the same thing as a tangible object, am I correct in stating that?

The biggest difference between service and what you are describing is that the person is already in business relationship with you by the time they are having the service. However, somebody performing an action for you is still a product that you buy. Whether that action is making a movie or servicing your computer, you are still paying for a service either way.

and yes, both of the things you described a similar, but just different forms stealing. Just because there are all sorts of different ways to steal now doesn't mean that some of them aren't stealing.

The article is arguing that theft is not the proper term for piracy. I'm saying it is. Back then, there was no such thing a computers, copies, downloads, etc. However, we have to adapt to new technologies and possibilites. We can't be beholden to archaic definitions of terms. That is what this article is about, and I'm sorry, but I don't agree.



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It seems to me the original essay's point is mostly semantic, dressed up with some ridiculous examples. Whatever words or metaphors are most applicable, it doesn't really change the moral/ethical questions.

And gaming, where software is consumed, and not used as a tool for financial gain, is a unique question of it's own.

I would say there are software companies that are very stupid about how they approach piracy, and deserve to suffer financially for the choices they make regarding DLC, prosecution, etc. But there are also "pirates" or "thieves" or "trespassers" that are wronging software makers and flaunting it.



"[Our former customers] are unable to find software which they WANT to play."
"The way to solve this problem lies in how to communicate what kind of games [they CAN play]."

Satoru Iwata, Nintendo President. Only slightly paraphrased.

gergroy said:
@ Onyx
lol, the only real difference is the value of the products in question. If the bill is large enough from geek squad, guess what, you will still go to jail if you don't pay it. So, what we are having a different opinion on is whether or not a service is the same thing as a tangible object, am I correct in stating that?

The biggest difference between service and what you are describing is that the person is already in business relationship with you by the time they are having the service. However, somebody performing an action for you is still a product that you buy. Whether that action is making a movie or servicing your computer, you are still paying for a service either way.

and yes, both of the things you described a similar, but just different forms stealing. Just because there are all sorts of different ways to steal now doesn't mean that some of them aren't stealing.

The article is arguing that theft is not the proper term for piracy. I'm saying it is. Back then, there was no such thing a computers, copies, downloads, etc. However, we have to adapt to new technologies and possibilites. We can't be beholden to archaic definitions of terms. That is what this article is about, and I'm sorry, but I don't agree.

Fine. Can you run me through a real life criminal case that involves an unpaid Geek Squad bill and someone being charged with theft for not paying it? It was your example. You seem very knowledgable on the topic. Show me the real life example and I concede my argument and will agree with you on piracy being theft.



Tag: Became a freaking mod and a complete douche, coincidentally, at the same time.



@ Onyx
Well, here is something like I was talking about. This guy was arrest for not paying his rental service fees. Notice he is arrested for third degree theft of services.
http://blog.nj.com/reporter/2008/01/man_arrested_for_theft_of_serv.html
Here is the wiki definition of theft of services
http://en.wikipedia.org/wiki/Theft_of_services
This guy was arrested for punching his cab driver and not paying the cab fare
http://www.associatedcontent.com/article/2041123/patrick_kane_arrested_for_robbery_and.html?cat=14
This guy was arrested for stealing electricity
http://tdworld.com/overhead_distribution/peco-theft-arrest-0309/

anyway, you get my point. Stealing a service is still theft.



Regardless of your stance on piracy, the punishment still does not justify the crime...



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gergroy said:
@ Onyx
Well, here is something like I was talking about. This guy was arrest for not paying his rental service fees. Notice he is arrested for third degree theft of services.
http://blog.nj.com/reporter/2008/01/man_arrested_for_theft_of_serv.html
Here is the wiki definition of theft of services
http://en.wikipedia.org/wiki/Theft_of_services
This guy was arrested for punching his cab driver and not paying the cab fare
http://www.associatedcontent.com/article/2041123/patrick_kane_arrested_for_robbery_and.html?cat=14
This guy was arrested for stealing electricity
http://tdworld.com/overhead_distribution/peco-theft-arrest-0309/

anyway, you get my point. Stealing a service is still theft.

Go to your wiki link for theft of services and click on the word larceny, which is what these crimes are typically prosecuted as (says the Wiki page). In the larceny link, go to the Personal Property section. It reads "This limitation means that acts of common law larceny cannot be committed against the following:" and it then goes on to name "intellectual property".

 



Tag: Became a freaking mod and a complete douche, coincidentally, at the same time.



Onyxmeth said:
gergroy said:
@ Onyx
Well, here is something like I was talking about. This guy was arrest for not paying his rental service fees. Notice he is arrested for third degree theft of services.
http://blog.nj.com/reporter/2008/01/man_arrested_for_theft_of_serv.html
Here is the wiki definition of theft of services
http://en.wikipedia.org/wiki/Theft_of_services
This guy was arrested for punching his cab driver and not paying the cab fare
http://www.associatedcontent.com/article/2041123/patrick_kane_arrested_for_robbery_and.html?cat=14
This guy was arrested for stealing electricity
http://tdworld.com/overhead_distribution/peco-theft-arrest-0309/

anyway, you get my point. Stealing a service is still theft.

Go to your wiki link for theft of services and click on the word larceny, which is what these crimes are typically prosecuted as (says the Wiki page). In the larceny link, go to the Personal Property section. It reads "This limitation means that acts of common law larceny cannot be committed against the following:" and it then goes on to name "intellectual property".

 

yes, and at the bottom of the list there is this

Note: All states have enacted statutes to expand the coverage of larceny to include the items mentioned above.

also, theft of services can be charged under misdeamener and felony charges.  Which would cover those as well.  

edit:  the fact the states expanded larceny to cover that just means they understanding that terms need to be upgraded to fit with current day crimes.  Like I said before, we can't be beholden to archaic definitions of terms.  



I believe debtor's gaols were quite common - so they have precedent in common law countries. Not the US as far as i know though. It's a semantic term. Don't worry soon the language will change as more "property" becomes virtual. Who the hell would have though 30 years ago that people would buy water in a bottle. Think on that, a product that no company made but decided to sell! Fascinating. If I steal water from a machine (like at the store) I would go to jail. Man amazing,  all thats solid melts into air. Funny world we live in.



gergroy said:
@ Onyx
lol, the only real difference is the value of the products in question. If the bill is large enough from geek squad, guess what, you will still go to jail if you don't pay it. So, what we are having a different opinion on is whether or not a service is the same thing as a tangible object, am I correct in stating that?

The biggest difference between service and what you are describing is that the person is already in business relationship with you by the time they are having the service. However, somebody performing an action for you is still a product that you buy. Whether that action is making a movie or servicing your computer, you are still paying for a service either way.

and yes, both of the things you described a similar, but just different forms stealing. Just because there are all sorts of different ways to steal now doesn't mean that some of them aren't stealing.

The article is arguing that theft is not the proper term for piracy. I'm saying it is. Back then, there was no such thing a computers, copies, downloads, etc. However, we have to adapt to new technologies and possibilites. We can't be beholden to archaic definitions of terms. That is what this article is about, and I'm sorry, but I don't agree.

Firstly, most software isn't sold as a service, so I fail to see how that is relivant.

Secondly, we aren't beholden to archaic definitions. The correct term for piracy is Copyright Infringement, because the definition of stealing doesn't cover piracy.



Katilian said:
gergroy said:
@ Onyx
lol, the only real difference is the value of the products in question. If the bill is large enough from geek squad, guess what, you will still go to jail if you don't pay it. So, what we are having a different opinion on is whether or not a service is the same thing as a tangible object, am I correct in stating that?

The biggest difference between service and what you are describing is that the person is already in business relationship with you by the time they are having the service. However, somebody performing an action for you is still a product that you buy. Whether that action is making a movie or servicing your computer, you are still paying for a service either way.

and yes, both of the things you described a similar, but just different forms stealing. Just because there are all sorts of different ways to steal now doesn't mean that some of them aren't stealing.

The article is arguing that theft is not the proper term for piracy. I'm saying it is. Back then, there was no such thing a computers, copies, downloads, etc. However, we have to adapt to new technologies and possibilites. We can't be beholden to archaic definitions of terms. That is what this article is about, and I'm sorry, but I don't agree.

Firstly, most software isn't sold as a service, so I fail to see how that is relivant.

Secondly, we aren't beholden to archaic definitions. The correct term for piracy is Copyright Infringement, because the definition of stealing doesn't cover piracy.

service kind of broke off from my initial agument.  Which was software companies not getting paid for their time and effort.  I used an analagy of a dog walker not getting paid to walk dogs, and Onyx told me it was stealing and then we kind of got off on a tangent on whether or not failure to pay for a service was stealing or not, which I have proven it is. :)