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Author Topic: infringement does not easily equate with theft  (Read 599 times)

SonyisEvil

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infringement does not easily equate with theft
« on: 05-06-18 at 08:30 pm »


  I'd like to know why "infringement does not easily equate with theft"?  This quote came to my attention via a google search which I believe is connected to Dowling v. United States. Apparently this person was convicted but appealed in the supreme court.

 Here is the snippet :  Since the statutorily defined property rights of a copyright holder have a character distinct from the possessory interest of the owner of simple "goods, wares, [or] merchandise," interference with copyright does not easily equate with theft, conversion, or fraud.

Wiki says, "Dowling v. United States, 473 U.S. 207 (1985), was a United States Supreme Court case that discussed whether copies of copyrighted works could be regarded as stolen property for the purposes of a law which criminalized the interstate transportation of property that had been "stolen, converted or taken by fraud".

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MYK

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Re: infringement does not easily equate with theft
« Reply #1 on: 05-07-18 at 01:57 am »

If you had bothered to read the Wikipedia article, the very next sentence of the quote explains that.

Quote
Since the statutorily defined property rights of a copyright holder have a character distinct from the possessory interest of the owner of simple "goods, wares, [or] merchandise," interference with copyright does not easily equate with theft, conversion, or fraud. The infringer of a copyright does not assume physical control over the copyright nor wholly deprive its owner of its use. Infringement implicates a more complex set of property interests than does run-of-the-mill theft, conversion, or fraud.
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"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

SonyisEvil

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Re: infringement does not easily equate with theft
« Reply #2 on: 05-07-18 at 07:28 pm »

Obviously I did otherwise I wouldn't have posted it.... You are not the person I am looking for. Your IQ is too low.
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MYK

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Re: infringement does not easily equate with theft
« Reply #3 on: 05-07-18 at 10:15 pm »

Obviously I did otherwise I wouldn't have posted it.... You are not the person I am looking for. Your IQ is too low.
And yet I can understand what the judge meant, while you claim it's too hard.  If you can't understand simple English sentences, I'd say you're the one who reads coloring books for the exciting and complex plots.
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"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

Smokin

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Re: infringement does not easily equate with theft
« Reply #4 on: 05-31-18 at 09:48 am »

No one can own intelligence or ideas, therefore its not something that can be stolen. Copyright is not an ownership of a thing or an intelligence or information,  its instead a way of promoting the arts and sciences by granting creators of new works a monopoly over how they can profit or control those works and derivatives for a limited time. Copyright infringement is a way of damaging that incentive to creators of new works.

"Intellectual property" is an unfortunate byproduct of our litigious culture that wants to equate copyrights as an ownership of a thing and to equate potential infringement with common street robbers with no morals.
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Disclaimer: Not a lawyer

CRfan

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Re: infringement does not easily equate with theft
« Reply #5 on: 05-31-18 at 06:18 pm »

Smokin wrote “…by granting creators of new works a monopoly over how they can profit or control those works and derivatives for a limited time.”

Copyright is not a “monopoly” (of rights):  Copyright grants “exclusive" rights for a limited period of time.  If creatives received monopoly rights, third-parties could not comment or critique works or use them in other Fair Use applications per §107.

Copyright is a bundle of exclusive rights subject to Fair Use limitations.
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