this post was submitted on 27 Mar 2024
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Piracy has never been stealing. At worst, it’s a form of copyright infringement. It can’t be stealing because you’re not technically taking anything from anyone but just making a copy.
But what about the potential revenue that the creator would've earned if it wasn't possible to pirate? They would've definitely bought it for full price.
/s
How do you figure that it's not stealing? The way I see the word stealing used it seems that piracy would fit under that definition. There is plenty of times we would say someone stole something that isn't physical. Example of someone has an idea and they tell me and I go and take that idea to market before them they would say I stole it even though they still have their idea.
if that "idea" was patented or trademarked, or if the original creator can prove "first/prior use" in court, theyw ould have a viable civil case for IP infringement under the DMCA (in the US, or under similar laws in other jurisdictions). again, however, this is not "theft" by any legal definition, but a form of copyright infringement as defined by the law. Nothing was taken or stolen (the creator still possesses the original), but, rather, copied and then illegally profited from.
I did not make this determination. different forms of theft are defined by laws:
You have an actual loss in that scenario, but in the case of digital piracy most people wouldn’t have bought it anyway. Hence, no lost sales.
You can't make the claim that most people who pirated wouldn't have brought anyway. Also if most people wouldn't have brought then you still can't claim no lost sales because most isn't all.