Piracy explicitly is not stealing. Theft requires denying the owner of the ability to use the thing that is stolen. Copyright infringement does not meet this bar, and is not a crime in the vast majority of cases. Commercial copyright infringement is the only offense classed as a crime, which in a nutshell is piracy for profit ie selling pirated material.
This is why you get a letter of marque to give you legitimacy. I’ve been letioning my government for one endlessly so I can attack Russian shipping in the balkans.
Regardless of the semantics of what we call theft, or whether theft requires denying somebody access to some good, there’s an ethical issue with copying other people’s stuff without permission. If a person breaks into another persons home and makes copies of all of the documents in their home private or otherwise, they’ve at least committed a crime in the form of breaking and entering. But if a person is invited into another persons home, and then without pemission copies all of the documents in the house, that still feels like a wrong act? Like, if you invite me into your house and I start copying down your personal journal, your family photos and other stuff you have lying around, to me that sounds like I’d be doing something wrong by you?
Edit: I do want to point out here that I’m not saying piracy is inherently wrong/bad or never justified.
Sure, but breaking and entering is a crime - just like theft. Copying someone’s documents is wrong, but it’s not a crime (not unless you commit a crime with those documents, eg fraudulently take out credit). In that case, it’s a civil offense against the victim - just like copyright infringement.
Crimes are prosecuted by the government. To be convicted of a crime you have to be proven guilty beyond reasonable doubt - in other words, it’s more than 99% likely you did it.
Civil offenses are prosecuted by the victim. The burden of proof is “the balance of probabilities”, ie it’s more than 50% likely you did it. The victim must also show actual damages.
In the US, media companies have perverted the law around copyright infringement, and they manage to get awarded statutory damages well in excess of any actual damages they incur. This is why we had all those ridiculous Napster lawsuits where people were fined hundreds of thousands for downloading a handful of songs. In the rest of the world, they could only be awarded actual damages, and the lawsuits weren’t really worth anything.
Media companies would really like copyright infringement to be theft, and they’ve lobbied hard for that. However they haven’t managed it, not yet anyway. They did manage to establish a crime of commercial copyright infringement, though, where if you pirate a significant amount of material or do it for profit you could be criminally charged.
Very strange comparison, those private copies are specifically private. If you want our comparison to work, I’d be selling these private documents to others… Making them not very private.
My example doesn’t require a “for sale” vs not distinction so I’m not sure why you’re imposing that property on it? People pirate unreleased media, unofficial media, bootleg media and other forms of media that aren’t for sale already, so being for sale is definitely not a necessary property of the cases we’re concerned about when we’re talking about the ethics of piracy.
And even if we restrict ourselves to talking about things that are already for sale: 1. Why does something being for sale suddenly make it not private? Many things for sale are already certainly not public. 2. Why does something being for sale suddenly make taking it without permission magically morally acceptable?
I’m imposing that property on it because for the overwhelming majority of media that is absolutely the case.
If it’s for sale it’s something you do not mind other people seeing. My documents I do not sell because I don’t want people seeing it. If I were to sell them, clearly I don’t mind people seeing it.
Making it for sale means you intend to share it, even if conditionally. Also “taking it” doesn’t apply, making a copy isn’t taking anything.
I’m imposing that property on it because for the overwhelming majority of media that is absolutely the case.
I don’t see why this is such a necessary property of media? Arguably there could be more media inside peoples private homes and hard-drives that is not for sale than media that is for sale. On top of that, this kind of thing depends on how we define media, we can take more or less inclusive definitions of this term.
It should also be clear that the kinds of things that I’m talking about in my original post refers to more than just movies, music, games and software (despite me using “media” as a convenient example in my previous post).
If it’s for sale it’s something you do not mind other people seeing. My documents I do not sell because I don’t want people seeing it. If I were to sell them, clearly I don’t mind people seeing it.
I don’t agree. I’d bet a lot of people are willing to sell plenty of ordinarily private things given a high enough price. I don’t think the notion that something is for sale all of a sudden makes that thing magically not private? When you sell something you don’t always make the thing you’re selling available to the public, just to the buyer, and until the sale is complete you’re not typically giving anybody full access to the thing. If it were public/not private the minute you made it for sale, then what is the point in selling it?
Making it for sale means you intend to share it, even if conditionally. Also “taking it” doesn’t apply, making a copy isn’t taking anything.
This isn’t true either. Sometimes people make things for sale with no actual intent of selling. And the intent to share, does not make something all of a sudden not private either. You might share something (perhaps a secret) with a friend, that doesn’t mean the thing you are sharing suddenly becomes not private/public, but that the scope of people you’re will to share this thing privately with has increased by a small amount.
I also disagree with the notion that making a copy just inherently isn’t “taking” things. This is also a matter of definitions, but people actively use the word “taking” to encompass more than just physical things. Phrases like “he took my idea”, “she took my credit card information” and so on are examples of this. Obviously people do consider “taking” to include acts of copying in some cases. If you mean something else by taking, that’s fine, but your personal definition for taking isn’t really relevant when the point I’m making regards a more inclusive notion.
If you’re talking about having family photos pirated, there’s a privacy issue, not a property issue. Everyone talking about media in privacy talks about distributable media. If you want to include other things, that’s on you, but you’ll be yapping in the void as that isn’t what the conversation is about. Not secrets, or private documents.
As for the term of taking, it’s clear what taking means when you try to erroneously conflate piracy with stealing. It doesn’t mean the same as taking a shit either, it has nothing to do with personal definitions, merely the accepted definitions when talking about either piracy, or stealing.
If you’re talking about having family photos pirated, there’s a privacy issue, not a property issue.
It’s pretty clear that I’m talking about more than just family photos. It’s also pretty clear that what I’m saying is that privacy problems are one of possibly many issues with copying data without permission. My actual point here from the start has been that it’s not always ethical to copy other people’s data without permission.
Everyone talking about media in privacy talks about distributable media. If you want to include other things, that’s on you, but you’ll be yapping in the void as that isn’t what the conversation is about. Not secrets, or private documents.
All of the types of media and data I’m talking about are distributable in a colloquial sense. This conversation is about the fact that copying data without permission isn’t always ethical. The data we’re talking about here absolutely includes secrets, private documents and so on.
As for the term of taking, it’s clear what taking means when you try to erroneously conflate piracy with stealing. It doesn’t mean the same as taking a shit either,
I don’t think that’s what’s happening. I’m talking about the ethics of copying data. Perhaps sometimes copying data can be considered theft, but whether or not copying data is theft, has nothing to do with my point. A thing being called theft doesn’t make that thing morally wrong or right. The term theft itself has little to do with the actual issue we’re talking about.
Also, I’ve never actually claimed piracy is theft. I’m also not claiming piracy is morally wrong, or even that theft is inherently morally wrong for that matter (a person can be justified in stealing in some cases).
it has nothing to do with personal definitions, merely the accepted definitions when talking about either piracy, or stealing.
Lets assume you’re right and that literally everybody in the world uses these words the way you do (they don’t). I don’t think arguing “but that word means…” makes a very good argument against the fact that copying data from other people just isn’t always morally right. The fact that you don’t like how I use certain words is just not a good argument against what I’m saying. If you understand what I mean and you disagree with what I’m saying, then why not argue against my point instead of complaining about the fact that you don’t like HOW I use certain words? If you understand what I’m saying and you agree that sometimes it’s wrong to copy other peoples data without permission, then why are we still discussing this?
that’s an interesting definition, and one that appeals to me especially as a fan of “harmless” theft (taking something that the owner will never notice is gone, nor be inconvenienced by the lack of)
It’s literally the legal definition. Copyright infringement has never been theft. Media companies have been trying to change the definition of theft, though.
It used to never be a crime, only a civil offense. This means the rightsholder has to sue you, rather than the state prosecute you, but also that the burden of proof is “the balance of probabilities”, ie whichever side tips the scale past 50/50 with their argument, rather than “beyond reasonable doubt” which is more like >99%. However in the last decade many countries have introduced “commercial copyright infringement” as a criminal offense. Off the top of my head, in the US I think the threshold for that is like $1,000 or something.
It’s not about it being “harmless” but the fact that you’re not taking something away from someone. If I steal your laptop and sell it, you no longer have a laptop. If I copy data, you still have your original copy.
This is also why there’s a different crime for “joyriding” instead of just stealing a car. If you steal a car, you might argue that you were just taking it for a drive, and never intended to permanently deprive the owner. In that case it’s easier to convict you for joyriding instead of theft.
Piracy explicitly is not stealing. Theft requires denying the owner of the ability to use the thing that is stolen. Copyright infringement does not meet this bar, and is not a crime in the vast majority of cases. Commercial copyright infringement is the only offense classed as a crime, which in a nutshell is piracy for profit ie selling pirated material.
Piracy is attacking ships at sea and is usually done in order to rob them.
And privateering is piracy when you have the consent of a government to attack ships belonging to another government
This is why you get a letter of marque to give you legitimacy. I’ve been letioning my government for one endlessly so I can attack Russian shipping in the balkans.
Piracy is best compared to riding a bus without a ticket.
Regardless of the semantics of what we call theft, or whether theft requires denying somebody access to some good, there’s an ethical issue with copying other people’s stuff without permission. If a person breaks into another persons home and makes copies of all of the documents in their home private or otherwise, they’ve at least committed a crime in the form of breaking and entering. But if a person is invited into another persons home, and then without pemission copies all of the documents in the house, that still feels like a wrong act? Like, if you invite me into your house and I start copying down your personal journal, your family photos and other stuff you have lying around, to me that sounds like I’d be doing something wrong by you?
Edit: I do want to point out here that I’m not saying piracy is inherently wrong/bad or never justified.
Sure, but breaking and entering is a crime - just like theft. Copying someone’s documents is wrong, but it’s not a crime (not unless you commit a crime with those documents, eg fraudulently take out credit). In that case, it’s a civil offense against the victim - just like copyright infringement.
Crimes are prosecuted by the government. To be convicted of a crime you have to be proven guilty beyond reasonable doubt - in other words, it’s more than 99% likely you did it.
Civil offenses are prosecuted by the victim. The burden of proof is “the balance of probabilities”, ie it’s more than 50% likely you did it. The victim must also show actual damages.
In the US, media companies have perverted the law around copyright infringement, and they manage to get awarded statutory damages well in excess of any actual damages they incur. This is why we had all those ridiculous Napster lawsuits where people were fined hundreds of thousands for downloading a handful of songs. In the rest of the world, they could only be awarded actual damages, and the lawsuits weren’t really worth anything.
Media companies would really like copyright infringement to be theft, and they’ve lobbied hard for that. However they haven’t managed it, not yet anyway. They did manage to establish a crime of commercial copyright infringement, though, where if you pirate a significant amount of material or do it for profit you could be criminally charged.
Very strange comparison, those private copies are specifically private. If you want our comparison to work, I’d be selling these private documents to others… Making them not very private.
My example doesn’t require a “for sale” vs not distinction so I’m not sure why you’re imposing that property on it? People pirate unreleased media, unofficial media, bootleg media and other forms of media that aren’t for sale already, so being for sale is definitely not a necessary property of the cases we’re concerned about when we’re talking about the ethics of piracy.
And even if we restrict ourselves to talking about things that are already for sale: 1. Why does something being for sale suddenly make it not private? Many things for sale are already certainly not public. 2. Why does something being for sale suddenly make taking it without permission magically morally acceptable?
I’m imposing that property on it because for the overwhelming majority of media that is absolutely the case.
If it’s for sale it’s something you do not mind other people seeing. My documents I do not sell because I don’t want people seeing it. If I were to sell them, clearly I don’t mind people seeing it.
Making it for sale means you intend to share it, even if conditionally. Also “taking it” doesn’t apply, making a copy isn’t taking anything.
I don’t see why this is such a necessary property of media? Arguably there could be more media inside peoples private homes and hard-drives that is not for sale than media that is for sale. On top of that, this kind of thing depends on how we define media, we can take more or less inclusive definitions of this term.
It should also be clear that the kinds of things that I’m talking about in my original post refers to more than just movies, music, games and software (despite me using “media” as a convenient example in my previous post).
I don’t agree. I’d bet a lot of people are willing to sell plenty of ordinarily private things given a high enough price. I don’t think the notion that something is for sale all of a sudden makes that thing magically not private? When you sell something you don’t always make the thing you’re selling available to the public, just to the buyer, and until the sale is complete you’re not typically giving anybody full access to the thing. If it were public/not private the minute you made it for sale, then what is the point in selling it?
This isn’t true either. Sometimes people make things for sale with no actual intent of selling. And the intent to share, does not make something all of a sudden not private either. You might share something (perhaps a secret) with a friend, that doesn’t mean the thing you are sharing suddenly becomes not private/public, but that the scope of people you’re will to share this thing privately with has increased by a small amount.
I also disagree with the notion that making a copy just inherently isn’t “taking” things. This is also a matter of definitions, but people actively use the word “taking” to encompass more than just physical things. Phrases like “he took my idea”, “she took my credit card information” and so on are examples of this. Obviously people do consider “taking” to include acts of copying in some cases. If you mean something else by taking, that’s fine, but your personal definition for taking isn’t really relevant when the point I’m making regards a more inclusive notion.
If you’re talking about having family photos pirated, there’s a privacy issue, not a property issue. Everyone talking about media in privacy talks about distributable media. If you want to include other things, that’s on you, but you’ll be yapping in the void as that isn’t what the conversation is about. Not secrets, or private documents.
As for the term of taking, it’s clear what taking means when you try to erroneously conflate piracy with stealing. It doesn’t mean the same as taking a shit either, it has nothing to do with personal definitions, merely the accepted definitions when talking about either piracy, or stealing.
It’s pretty clear that I’m talking about more than just family photos. It’s also pretty clear that what I’m saying is that privacy problems are one of possibly many issues with copying data without permission. My actual point here from the start has been that it’s not always ethical to copy other people’s data without permission.
All of the types of media and data I’m talking about are distributable in a colloquial sense. This conversation is about the fact that copying data without permission isn’t always ethical. The data we’re talking about here absolutely includes secrets, private documents and so on.
I don’t think that’s what’s happening. I’m talking about the ethics of copying data. Perhaps sometimes copying data can be considered theft, but whether or not copying data is theft, has nothing to do with my point. A thing being called theft doesn’t make that thing morally wrong or right. The term theft itself has little to do with the actual issue we’re talking about.
Also, I’ve never actually claimed piracy is theft. I’m also not claiming piracy is morally wrong, or even that theft is inherently morally wrong for that matter (a person can be justified in stealing in some cases).
Lets assume you’re right and that literally everybody in the world uses these words the way you do (they don’t). I don’t think arguing “but that word means…” makes a very good argument against the fact that copying data from other people just isn’t always morally right. The fact that you don’t like how I use certain words is just not a good argument against what I’m saying. If you understand what I mean and you disagree with what I’m saying, then why not argue against my point instead of complaining about the fact that you don’t like HOW I use certain words? If you understand what I’m saying and you agree that sometimes it’s wrong to copy other peoples data without permission, then why are we still discussing this?
that’s an interesting definition, and one that appeals to me especially as a fan of “harmless” theft (taking something that the owner will never notice is gone, nor be inconvenienced by the lack of)
It’s literally the legal definition. Copyright infringement has never been theft. Media companies have been trying to change the definition of theft, though.
It used to never be a crime, only a civil offense. This means the rightsholder has to sue you, rather than the state prosecute you, but also that the burden of proof is “the balance of probabilities”, ie whichever side tips the scale past 50/50 with their argument, rather than “beyond reasonable doubt” which is more like >99%. However in the last decade many countries have introduced “commercial copyright infringement” as a criminal offense. Off the top of my head, in the US I think the threshold for that is like $1,000 or something.
It’s not about it being “harmless” but the fact that you’re not taking something away from someone. If I steal your laptop and sell it, you no longer have a laptop. If I copy data, you still have your original copy.
This is also why there’s a different crime for “joyriding” instead of just stealing a car. If you steal a car, you might argue that you were just taking it for a drive, and never intended to permanently deprive the owner. In that case it’s easier to convict you for joyriding instead of theft.
Piracy is stealing- but so is capitalism so it’s fine.