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File-Sharing: Has it affected the RPG industry?
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<blockquote data-quote="Dannyalcatraz" data-source="post: 1558376" data-attributes="member: 19675"><p>Re:Theft = infringement</p><p></p><p></p><p></p><p>Check your local penal code or ask a judge or an attorney in your area. <strong>Theft</strong> is the umbrella term that covers things like conversion, larceny, robbery, fraud, larceny by trick, burglary, embezzlement, counterfeiting, and yes, copyright infringement. Copyright infringement is one of many subtypes of Theft. It is called Copyright infringement to distinguish it from other forms of Theft, thereby making it easier to look up relevant cases and statutes (especially with online legal research tools).</p><p></p><p>I don't have this in front of me, but look at 17 U.S.C.A. § 502 et seq.; 18 U.S.C.A. § 2319 for the Federal injunctive, impoundment, civil damages and criminal penalties from copyright infringement. It should also include legislative notes that will clarify the heft = infringement question.</p><p></p><p>To put it differently:</p><p></p><p>Not all Theft is copyright infringement, but all copyright infringement is Theft.</p><p>(Can anyone on here post an appropriate Venn diagram of this?)</p><p></p><p>Compare:</p><p></p><p>Black's Law Dictionary</p><p></p><p>Theft: ...any of the following acts done with the intent to deprive the owner permenantly of the possession, use or benefit of his property: (a) <strong>Obtaining or exerting unauthorized control over property</strong>; (a) Obtaining by deception control over property; (a) Obtaining by threat control over property; (a) Obtaining control over stolen property knowing the property to have been stolen by another.<em>(emphasis mine)</em></p><p></p><p>Infringement:...<strong>Unauthorized use of copyrighted material; use without permission of copyright holder.</strong><em>(emphasis mine)</em></p><p></p><p></p><p></p><p>When you download an unauthorized copy of copyrighted material, you are 1) exerting <strong>unauthorized control</strong> over 2) the copyright holder's <strong>property</strong>, which is infringement, and thus, theft.</p><p></p><p>The law is clear.</p></blockquote><p></p>
[QUOTE="Dannyalcatraz, post: 1558376, member: 19675"] Re:Theft = infringement Check your local penal code or ask a judge or an attorney in your area. [B]Theft[/B] is the umbrella term that covers things like conversion, larceny, robbery, fraud, larceny by trick, burglary, embezzlement, counterfeiting, and yes, copyright infringement. Copyright infringement is one of many subtypes of Theft. It is called Copyright infringement to distinguish it from other forms of Theft, thereby making it easier to look up relevant cases and statutes (especially with online legal research tools). I don't have this in front of me, but look at 17 U.S.C.A. § 502 et seq.; 18 U.S.C.A. § 2319 for the Federal injunctive, impoundment, civil damages and criminal penalties from copyright infringement. It should also include legislative notes that will clarify the heft = infringement question. To put it differently: Not all Theft is copyright infringement, but all copyright infringement is Theft. (Can anyone on here post an appropriate Venn diagram of this?) Compare: Black's Law Dictionary Theft: ...any of the following acts done with the intent to deprive the owner permenantly of the possession, use or benefit of his property: (a) [B]Obtaining or exerting unauthorized control over property[/B]; (a) Obtaining by deception control over property; (a) Obtaining by threat control over property; (a) Obtaining control over stolen property knowing the property to have been stolen by another.[I](emphasis mine)[/I] Infringement:...[B]Unauthorized use of copyrighted material; use without permission of copyright holder.[/B][I](emphasis mine)[/I] When you download an unauthorized copy of copyrighted material, you are 1) exerting [B]unauthorized control[/B] over 2) the copyright holder's [B]property[/B], which is infringement, and thus, theft. The law is clear. [/QUOTE]
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