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<blockquote data-quote="Delta" data-source="post: 3406080" data-attributes="member: 40269">I don't see Blackmun making any reference to whether property is tangible or intangible.What he does say is this: How does someone making a copy of a book exert control over the copyright? Can they now license it, or legitimately produce copies of the work? No, they certainly can't. That is actually what Blackmun is explicitly talking about... making a copy takes no control over the copyright at all.In your financial example, clearly control is being taken over of the financial statement. The copying-equivalent situation would be if someone takes an unauthorized photocopy of your bank statement. Did you allow it? No. Do they have control over your bank account beacuse of it? No, they don't. Similarly, does someone who violates a &quot;do not trespass&quot; or a &quot;don't walk on the grass&quot; sign get prosecuted for property theft? No, they don't (and that's precisely the analog to infringing copyright). Very different situations, with very different penalties, as it should be.Now, I totally agree -- let us not hijack the thread further and return to the OP's concern.</blockquote>

[QUOTE="Delta, post: 3406080, member: 40269"] I don't see Blackmun making any reference to whether property is tangible or intangible. What he does say is this: How does someone making a copy of a book exert [i]control over the copyright[/i]? Can they now license it, or legitimately produce copies of the work? No, they certainly can't. That is actually what Blackmun is explicitly talking about... making a copy takes no control [i]over the copyright[/i] at all. In your financial example, clearly control is being taken over of the financial statement. The copying-equivalent situation would be if someone takes an unauthorized photocopy of your bank statement. Did you allow it? No. Do they have control over your bank account beacuse of it? No, they don't. Similarly, does someone who violates a "do not trespass" or a "don't walk on the grass" sign get prosecuted for property theft? No, they don't (and that's precisely the analog to infringing copyright). Very different situations, with very different penalties, as it should be. Now, I totally agree -- let us not hijack the thread further and return to the OP's concern. [/QUOTE]

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