austindefender

Criminal defense in Austin Texas.

Copyright infringement isn’t theft.

Posted By on September 15, 2009

People sometimes talk about illegal copying as a kind of theft.  Technically – or legally – it’s not.

Theft requires an intent to deprive the owner of the property.  When you take something – say, a ham, from HEB – you’re a thief if you intend to keep it.  (Theoretically, you’re not a thief if you’re just ‘borrowing’ it, who’s going to believe that?)

When you copy something, you’re not taking anything from the owner.  The owner of the thing still has it.  So next time you tivo a football game without the express written permission of the National Football League, you may be a copyright infringer – subject to a $250,000 fine and 5 years in the Federal pen., but your not a thief.

The VCR hasn't worked since you tried to tape Monday Night Football.

"Do You Have The Expressed Written Consent of ABC and the National Football League?"

"Do You Have The Expressed Written Consent of ABC and the National Football League?"

"Just ABC."

"Just ABC."

bang


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