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re: Suppressed Study: Three Myths about Copyright Law and Where to Start to Fix it
Posted on 12/19/12 at 9:56 pm to ZTiger87
Posted on 12/19/12 at 9:56 pm to ZTiger87
quote:
So it isn't theft because the owner still has a copy?
Correct.
Even the SCOTUS agrees with me:
Dowling v. United States
quote:
The phonorecords in question were not "stolen, converted or taken by fraud" for purposes of [section] 2314. The section's language clearly contemplates a physical identity between the items unlawfully obtained and those eventually transported, and hence some prior physical taking of the subject goods. 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.
emphasis added
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