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<title>Techdirt. Stories filed under &quot;stealing&quot;</title>
<description>Easily digestible tech news...</description>
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<image><title>Techdirt. Stories filed under &quot;stealing&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Tue, 2 Oct 2012 10:38:53 PDT</pubDate>
<title>How Do You Know If A TSA Agent Stole An iPad? There's An App For That</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20121001/06072120556/how-do-you-know-if-tsa-agent-stole-ipad-theres-app-that.shtml</link>
<guid>http://www.techdirt.com/articles/20121001/06072120556/how-do-you-know-if-tsa-agent-stole-ipad-theres-app-that.shtml</guid>
<description><![CDATA[ While the TSA has already declared themselves this nation&#39;s official <a href="http://www.techdirt.com/articles/20120828/16245520196/tsa-declares-themselves-fashion-funny-police.shtml">Humor Police</a>, all while likely <a href="http://www.techdirt.com/articles/20120813/08275320006/tsa-racial-profiling-may-hide-larger-constitutional-problem.shtml">profiling</a> based on race, the agency constructed to keep us safe while we fly has another problem to deal with: the thieves that wear the uniform.<br />
<br />
ABC News recently conducted an investigation in which they packed travel bags with cash and iPads and took them through security at several major airports, while also going out of their way to <a href="http://appleinsider.com/articles/12/09/27/abc-news-uses-icloud-to-track-a-stolen-ipad-to-tsa-officers-home">leave iPads behind at security checkpoints</a> as well. As the report notes, the bags went through without a problem and most of the iPads were returned per TSA policy. But not all of them.
<center>
<iframe allowfullscreen="" frameborder="0" height="315" src="http://www.youtube.com/embed/aLxsLbl16IM" width="560"></iframe></center>
<p>
In case you can&#39;t see the video, a TSA agent was taped at work handling the iPad ABC had left behind, and simply decided to take it home with him. When confronted at his home by ABC&#39;s Brian Ross, Agent Andy Ramirez denied he had the device until Ross initiated the iCloud application used to track the iPad and its audible alert. Ramirez then produced the iPad and valiantly blamed having it on his wife, who was kind enough to stand next to him and&nbsp;<i>not</i>&nbsp;punch him repeatedly in the testicles on camera.
<br /><br />
It may be tempting to simply write this off as the occasional occurrence of bad actors in any sector of any industry, but theft by TSA agents is likely more widespread a problem than you realize. Nearly 400 TSA agents have been fired specifically for theft since 2003. One would expect, of course, that the number of agents fired represents a fraction of those that have actually stolen something. 
<br /><br />
And to think, they&#39;ve done all of this thieving without managing to catch a single terrorist.
</p><br /><br /><a href="http://www.techdirt.com/articles/20121001/06072120556/how-do-you-know-if-tsa-agent-stole-ipad-theres-app-that.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121001/06072120556/how-do-you-know-if-tsa-agent-stole-ipad-theres-app-that.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121001/06072120556/how-do-you-know-if-tsa-agent-stole-ipad-theres-app-that.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>gimmie-that</slash:department>
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<item>
<pubDate>Tue, 13 Mar 2012 08:57:22 PDT</pubDate>
<title>Guess What? Copying Still Isn't Stealing</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120309/18103118061/guess-what-copying-still-isnt-stealing.shtml</link>
<guid>http://www.techdirt.com/articles/20120309/18103118061/guess-what-copying-still-isnt-stealing.shtml</guid>
<description><![CDATA[ Every time you think we're done seeing totally ridiculous arguments about file sharing, the old really silly ones pop back up.  Musician Logan Lynn has written a pretty silly rant on Huffington Post entitled <a href="http://www.huffingtonpost.com/logan-lynn/file-sharing_b_1325973.html?ref=tw" target="_blank">Guess What? Stealing Is Still Wrong</a>.  And, indeed, it is.  But nowhere in the article does he actually discuss stealing.  He discusses infringement.  In silly black and white terms that assumes that every single download is absolutely a lost sale, that no one who downloads ever gives him any money and that his biggest fans are criminals.  Crazy stuff.
<blockquote><i>
The music industry has been ravaged  by the digital age, the primary culprit being illegal file sharing on websites with practically zero regulation. The past two decades have been something of a Wild West on ye olde Interwebs. No rules, no accountability. By the time the music industry reacted to what was happening, it was too late. 
</i></blockquote>
Almost nothing in this paragraph is true.  It's a nice fiction that the RIAA/MPAA have been telling the world, but it's simply wrong.  The music industry?  <a href="http://www.techdirt.com/skyisrising/">Growing</a>.  Zero regulation?  Try <a href="http://www.techdirt.com/articles/20120215/04241517766/how-much-is-enough-weve-passed-15-anti-piracy-laws-last-30-years.shtml">15 anti-piracy laws</a> passed in the last 30 years.  No accountability?  Should I list out the <i>tens of thousands</i> of lawsuits that copyright holders have filed against those who were file sharing?  If you can't get the basics right, it's kinda difficult to take your complaints seriously.
<blockquote><i>
While performing at and attending the CMJ music conference  in New York City in fall 2009, I learned that at that time, 91 percent of all new music was downloaded illegally over the Internet instead of purchased. Since then, things have only gotten worse. Record stores are closing, music rags are shutting down, and the glory days of rock and roll are over...
</i></blockquote>
Actually the popular stat at the time was <a href="http://www.techdirt.com/articles/20090116/0955383440.shtml">95%</a>, and it was bogus.  And, there's a lot of evidence that the number has actually <a href="http://www.techdirt.com/articles/20120228/18131117905/danish-trade-minister-apologizes-using-bogus-industry-numbers-to-support-pro-acta-argument.shtml">been dropping</a>, not rising.   Record stores closed because they sold CDs which are increasingly obsolete.  Music rags are shutting down because music blogs are running rings around them online.  The glory days of rock and roll were never quite as glorious as you think...
<blockquote><i>
which I actually don't give even half a shit about. In fact, I'm glad the music industry got destroyed. It was fucked-up anyway, so who cares? Poor (filthy rich) record executives making hundreds of millions of dollars on the backs of artists. Boo-hoo. I'm crying for you. Really. I am. 
</i></blockquote>
It sure seems like you're complaining.
<blockquote><i>
What pisses me off is having over 91 percent of my personal intellectual property stolen, often before it even has the chance to be finished and released to the world. As a professional musician, a lot of time, hard work, and money goes into making a record. As an independent musician, that money comes directly out of my own pocket. Being a starving artist honestly isn't all it's cracked up to be anymore, people, and getting ripped-off has always sucked. 
</i></blockquote>
You didn't have 91% of your intellectual property "stolen."  First of all, the number -- whatever it is -- was a general number across the entire global market.  That doesn't mean it's the same for all artists.  This is basic stats.  Second, if tons of people are downloading your works it's because <i>they like your music</i> and that's <i>a good thing</i> and then there are <a href="http://www.techdirt.com/blog/casestudies/articles/20120210/02273417726/how-being-more-open-human-awesome-can-save-anyone-worried-about-making-money-entertainment.shtml">all sorts of ways</a> to get paid.
<blockquote><i>
Even when I was on a major label, I got totally screwed because so much money was put into the recording, printing, PR, and distribution side that trying to recoup from consumer sales based on that 9 percent of people obtaining the album legally was almost impossible. Everyone had the record  months before it came out anyway, because of file sharing. The week before it was released, one site that posted download counts on files reported over 18,000 illegal downloads of my record before my lawyer had them take the file down. That alone comes out to $180,000 -- for my songs  -- of which I saw $0. My record deal was a 90/10 split at the time, but guess what 90 percent of $0 is? You guessed it! Still $0. 
</i></blockquote>
First of all, the "numbers" posted on those sites are usually <i>made up</i>, not real.  Second, assuming that every one of those 18,000 people would have paid $10 for the album is simply delusional.  Some of them might have.  Others might have downloaded first and then decided to buy later.  Others might have downloaded, and then told 20 of their closest friends how awesome you are and told them to go buy your album.  Or go see a live show.  The assumption that this is $180,000 gone is simple fantasy.
<blockquote><i>
Think of it this way: if you were a painter and were putting the finishing touches on your pieces for a show, wouldn't you be upset if someone broke into your studio, took your unfinished paintings, and hung them in their public gallery without your permission? Let's say you had some finished work hanging for sale in your own space, but every time someone saw something they liked, they removed it from the wall, tucked it under their arm, and left without paying for it? What if 100 people came to your show opening and 91 of them decided to steal one of your paintings off the wall? Then what? Paint faster to keep up with the demand?
</i></blockquote>
Think of this way: if you were a painter and were putting the finishing touches on your pieces for a show, wouldn't it be awesome to find out that thousands of people were so eager to find out about your works that they were clamoring for <i>copies</i> online?  Let's say you had some finished work hanging for sale in your own space, but every time someone saw something they liked, they made a copy and told a bunch of others about it -- and then paid you to do more paintings?  What if 100 people came to your show and 91 of them liked you so much they decided to make copies and find out more about you and how they could support your future work?  Then what?  Things would be pretty good, right?
<blockquote><i>
I know this is the part where all the kids and hipsters start to roll their eyes and say things like, "You just don't get it, grandpa," and, "It's freedom of speech," but I don't actually believe that stealing my intellectual property is your constitutional right. Sorry, everybody.
</i></blockquote>
If you're going to mock those who are arguing against you, it helps to actually understand their argument.  The free speech argument is not that infringement is free speech.  It's that ridiculous laws like SOPA create massive collateral damage that do serious harm to free speech.
<blockquote><i>
Next time you hear a song you like, I encourage you to purchase it instead of stealing it. Supporting independent musicians just feels better than robbing us of our livelihood. I promise! Hell, you could even go to your favorite local record store, buy a CD, and look at the cover art for hours. You know, for old times' sake. 
</i></blockquote>
Next time you have a fan come to your site, I encourage you to offer them proactive <i>reasons to buy</i> instead of just demanding that they hand over cash.  Treating your fans as fans and giving them lots of ways to support you just feels better than treating your biggest fans as criminals.  I promise!  Hell, you could even offer up cool products and bundles, or try a name your own price offering, or any number of other <a href="http://www.techdirt.com/articles/20091119/1634117011.shtml">cool new ideas</a>.  You know, for modern times' sake.<br /><br /><a href="http://www.techdirt.com/articles/20120309/18103118061/guess-what-copying-still-isnt-stealing.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120309/18103118061/guess-what-copying-still-isnt-stealing.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120309/18103118061/guess-what-copying-still-isnt-stealing.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>just-saying</slash:department>
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<pubDate>Fri, 21 Oct 2011 19:39:00 PDT</pubDate>
<title>Steve Jobs Was Willing To 'Rip Off' Everyone Else... But Was Pissed About Android Copying iPhone?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/innovation/articles/20111021/16380816459/steve-jobs-was-willing-to-rip-off-everyone-else-was-pissed-about-android-copying-iphone.shtml</link>
<guid>http://www.techdirt.com/blog/innovation/articles/20111021/16380816459/steve-jobs-was-willing-to-rip-off-everyone-else-was-pissed-about-android-copying-iphone.shtml</guid>
<description><![CDATA[ There's plenty of talk making the rounds about <a href="http://www.huffingtonpost.com/2011/10/20/steve-jobs-google-grand-theft_n_1023111.html" target="_blank">Steve Jobs' comments about Android</a> in the authorized biography that's coming out next week.  In it, Jobs apparently makes it clear that he was absolutely furious about Android "ripping off" the iPhone.  According to the summary in the Huffington Post:
<blockquote><i>
Walter Isaacson's authorized biography of Steve Jobs  offers an unprecedented look at the Apple co-founder's battle-cry against Google, a company he thought was guilty of a "grand theft" when it launched its Android operating system, which competes directly with the iPhone and has surpassed it in popularity.
<br /><br />
"I'm willing to go thermonuclear war on this," he told Isaacson of the patent lawsuit Apple filed against cell phone manufacturer HTC.
<br /><br />
In Isaacson's "Steve Jobs," a copy of which was obtained by The Huffington Post, the author recalls that Jobs, who was known for his fierce temper, "became angrier than I had ever seen him" during a conversation about Apple's patent lawsuit, which by extension also accused Android of patent infringement.
<br /><br />
"Our lawsuit is saying, 'Google you f***ing ripped off the iPhone, wholesale ripped us off,'" Jobs said, according to Isaacson. "I will spend my last dying breath if I need to, and I will spend every penny of Apple's $40 billion in the bank, to right this wrong. I'm going to destroy Android, because it's a stolen product."
</i></blockquote>
This is coming from Steve Jobs, who was inspired by the graphical user interface he saw at Xerox PARC and turned that into the Macintosh.  Now, as we've noted before, what Jobs was always great at doing wasn't just taking an idea and copying it, but  <a href="http://www.techdirt.com/articles/20110519/01572614335/malcolm-gladwell-discovers-that-innovation-invention-are-not-same.shtml">making it better</a>.  But, many would argue that's the same thing that Google has done with Android.  Yes, they clearly took inspiration from the iPhone, but there are some key differences, which many people enjoy.  In fact, Steve Jobs pretty much admitted this very fact earlier this year when some of the iPhone's upgrades appeared to be <a href="http://www.techdirt.com/blog/wireless/articles/20110606/13065514568/oh-look-apple-copies-android-thats-not-bad-thing.shtml">copied directly from Android</a>.
<br /><br />
And that's kind of the point: part of the way innovation works is that you build on the works of others.  That doesn't just mean wholesale copying, but trying to take what works and improve on it -- or take what doesn't work well and figure out a way to make it work better.  Steve Jobs did this many, many times, but so have Google and many other companies.  It seems rather hypocritical to get all bent out of shape because others are doing the same thing.
<br /><br />
Along those lines, <a href="http://daringfireball.net/linked/2011/10/21/great-artists" target="_blank">Daring Fireball</a> links to a <a href="http://brianericford.tumblr.com/post/11735684801/great-artists" target="_blank">wonderful discussion on this topic</a> by designer Brian Ford, who discusses the idea of "artists copying or stealing" from one another.
<blockquote><i>
Apple didn&rsquo;t invent the iPod, they stole the idea and made the music industry their own. The way we buy and listen to music is now shaped almost entirely by Apple&rsquo;s vision.
<br /><br />
Apple didn&rsquo;t invent the smartphone, they stole the idea and reshaped the industry in their own vision. Yes, Apple has &ldquo;copied&rdquo; bits and pieces of iOS from other sources &mdash;notifications is the obvious example &mdash; but overall, the future of the mobile industry has been shaped by Apple.
<br /><br />
Apple didn&rsquo;t invent the tablet computer, they stole the idea and now iOS is the template for the tablet market.
</i></blockquote>
I completely agree with those points.  It's quite similar to an earlier post we did about the importance of <a href="http://www.techdirt.com/articles/20110911/01355815894/being-first-isnt-most-important-thing-getting-it-right-is.shtml">getting it right</a> rather than being first, which pointed to a wonderful <a href="http://basicinstructions.net/basic-instructions/2011/9/1/how-to-give-somebody-the-respect-they-deserve.html" target="_blank">comic from Scott Meyer's <i>Basic Instructions</i></a> that included this panel:
<center>
<a href="http://basicinstructions.net/basic-instructions/2011/9/1/how-to-give-somebody-the-respect-they-deserve.html"><img src="http://i.imgur.com/yuI1E.png" alt="" title="Hosted by imgur.com"/></a></center>

So I'm at a loss as to Jobs' complaint against Android.  At best, the only logical way to view his complaint is that he was upset that Google didn't do <i>enough</i> on top of the idea of the iPhone to make Android completely its own.  But I think that's more of a difference in philosophy.  Steve Jobs came from a very top down world view, in which the brilliant designers (him, Jonathan Ive, etc.) designed everything perfectly.  Google's world view seems to be more about setting up the system, and then letting others design the improvements.  That's messier, clunkier, and a hell of a lot uglier at first.  But in the long run, I think it tends to lead to much greater innovation.  Just not the kind of innovation you unveil as "and one more thing..."
<br /><br />
In the end, the best way to sum all this up comes from the T.S. Eliot quote that Ford puts at the end of his blog post.  Many people have heard the paraphrased version (often copied and attributed to others) that "good artists copy, great artists steal."  But the full T.S. Eliot quote is much more interesting and nuanced:
<blockquote><i>
One of the surest tests [of the superiority or inferiority of a poet] is the way in which a poet borrows. <b>Immature poets imitate; mature poets steal; bad poets deface what they take, and good poets make it into something better, or at least something different. The good poet welds his theft into a whole of feeling which is unique, utterly different than that from which it is torn; the bad poet throws it into something which has no cohesion.</b> A good poet will usually borrow from authors remote in time, or alien in language, or diverse in interest.
</i></blockquote><br /><br /><a href="http://www.techdirt.com/blog/innovation/articles/20111021/16380816459/steve-jobs-was-willing-to-rip-off-everyone-else-was-pissed-about-android-copying-iphone.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/innovation/articles/20111021/16380816459/steve-jobs-was-willing-to-rip-off-everyone-else-was-pissed-about-android-copying-iphone.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/innovation/articles/20111021/16380816459/steve-jobs-was-willing-to-rip-off-everyone-else-was-pissed-about-android-copying-iphone.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>doesn't-computer</slash:department>
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<item>
<pubDate>Wed, 17 Aug 2011 11:48:20 PDT</pubDate>
<title>Dear MPAA: Stomp Your Feet And Repeat It As Many Times As You Want, But Infringement Is Not Theft</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110816/10460415550/dear-mpaa-stomp-your-feet-repeat-it-as-many-times-as-you-want-infringement-is-not-theft.shtml</link>
<guid>http://www.techdirt.com/articles/20110816/10460415550/dear-mpaa-stomp-your-feet-repeat-it-as-many-times-as-you-want-infringement-is-not-theft.shtml</guid>
<description><![CDATA[ Ah, gotta love the MPAA and their gleeful sophistry.  We wrote about how MPAA comms person and former Congressional staffer (note the revolving door...) Alex Swartsel went way, way overboard in <a href="http://www.techdirt.com/articles/20110812/23402015511/stealing-isnt-saving-sharing-isnt-stealing.shtml">attacking GigaOm's Janko Roettger</a> for noting, accurately, that the entertainment industry's anti-consumer behavior, combined with a potentially worsening economy, could mean that more people switch away from authorized options for watching movies to unauthorized options.  This is a pretty reasonable analysis, and it's hard to see how you could disagree with it.  However, in the minds of Swartsel and the MPAA, anyone who even dares to acknowledge that unauthorized file sharing exists must be condoning the practice, and Swartsel wrote one of the more intellectually dishonest pieces we've seen in a long time, going after Roettger, pretending he was telling people that it was fine to infringe on copyrights.
<br /><br />
We responded on a bunch of points, including Ms. Swartsel's repeated incorrect use of the words "steal" and "theft" to describe infringement.  Swartsel has now responded, with a post so full of sophistry, you have to wonder if the MPAA might not be better off sending her back to remedial talking points training.  It seems clear that Swartsel is jumping into a debate for which she is woefully unprepared -- though, of course that explains why the MPAA, yet again, has turned off comments on its blog.  The <a href="http://blog.mpaa.org/BlogOS/post/2011/08/16/Stealing-Isn%E2%80%99t-Saving-II.aspx" target="_blank">main point of the blog post appears to be to simply repeat the words "steal" and "theft" so many times</a> that readers are driven into submission.  Of course, most people aren't stupid, though the MPAA seems to presume that's the case.
<br /><br />
By my count, the post uses a form of "steal" six times and a form of "theft" another six times.  That's a dozen incorrect uses of those two words in a mere seven paragraphs.  Impressive.
<br /><br />
Even worse, nowhere does Swartsel admit that she totally and completely overreacted and irresponsibly attacked Roettger for accurately reporting what's going on in the world.  Instead, she doubles down on the this claim that merely stating what's happening means we all think that it's okay:
<blockquote><i>
In other words: movie and TV theft is inevitable.  Why?  Because it&rsquo;s easy to steal something that, in physical form, exists only as data, and easy to justify stealing it as a result?  Because information wants to be free, no matter the cost it took to produce or its creators&rsquo; judgments about how best to disseminate it?  Because anything is fair game once it&rsquo;s on the Internet?   Because if I rip a movie file off of a DVD or camcord a showing at a theater, I have created that movie with my own labor and can do whatever I want with the file, including posting it online and making money from ad sales or subscription fees?  Because by stealing films and TV, or watching stolen films and TV, I&rsquo;m just exercising my First Amendment rights to freedom of speech?  All those are arguments we&rsquo;ve heard before.
</i></blockquote>
Oh gosh.  Where to start?  Notice how she intermixes the fact that making a copy and sharing is easy with the idea that people need to "justify" it.  Poor Ms. Swartsel.  No one ever shared a DVD with you?  No one ever invited you over to their house to watch a TV show together?  Sometimes "sharing" is just that.  It's not stealing.
<br /><br />
And, no, no one -- not me, not Roettger, not Torrentfreak -- ever attempted to "justify" the actions that are infringement.  None of us said that it is "fair game."  None of us said that "information wants to be free."  None of us said that it's a First Amendment issue.  It seems that, rather than respond to the actual points all of us raised, Swartsel and the MPAA are simply throwing out a ton of strawmen -- every false caricature she can come up with -- to describe the "scary" people who argue that maybe, just maybe, the MPAA is going about this the wrong way.
<blockquote><i>
Mike Masnick wrote that we need to &ldquo;adapt and deal with reality,&rdquo; and actually, I think he&rsquo;s right &ndash; depending on which reality we&rsquo;re talking about.  Is it the reality that the Internet and the explosion of mobile technology have opened up vast new ways for us to communicate with one another and for film and TV-makers to offer their work to people who want to watch it?  Because as Julia blogged last month, there are &ldquo;more options than ever before to get movies and TV shows online safely and legitimately&rdquo; &ndash; we have a list on MPAA.org here, and the creative minds in our industry are working on even more as we speak.  
</i></blockquote> 
And yet... and yet, as folks like Wil Wheaton <a href="http://www.techdirt.com/articles/20110808/04124915431/wil-wheaton-explains-why-hollywood-needs-to-compete-with-piracy.shtml">recently pointed out</a>, those efforts are still at about the 1997 level of fan friendliness.  They still treat most people as if they were criminals who need to be limited and contained.  For the most part, they do not offer the same level of convenience and user-friendliness of other options that are out there, even if they are illegal.  Historical evidence has shown time and time again that what Swartsel thinks of as "theft" is not in any way similar to "theft," but is merely her industry's <b>best customers</b> expressing how they would like to be offered content.
<br /><br />
And sometimes, indeed, the industry does get it right -- but it's usually with a lot of kicking and screaming as they're dragged there by a much more innovative tech company.  Netflix, of course, is a great example.  Yet, every other online movie offering is <a href="http://www.techdirt.com/articles/20110510/11170014229/why-does-hollywood-insist-making-online-movies-so-annoying.shtml">horribly limited</a>.  Things like only being able to watch a movie within a 24 hours period, forcing people to watch previews (and the silly FBI warning for something <i>they paid for</i>) isn't fan friendly at all.  It just drives more people to unauthorized means.  
<br /><br />
And, as for Netflix, which actually does seem to be about as consumer friendly as they come (and has done quite well because of it), well, then along comes the MPAA and the Hollywood studios with plans to <a href="http://www.techdirt.com/articles/20110119/03261312718/will-hollywood-kill-golden-goose-squeezing-netflix-dry.shtml">kill the golden goose</a>, by doing everything possible to <a href="http://www.techdirt.com/articles/20110324/17421513618/hollywood-continues-its-plan-to-kill-netflix.shtml">strangle it</a>.  They're ratcheting up the prices, they're limiting the selection (drastically).  They're trying to demand further restrictions.
<br /><br />
Honestly, it's quite easy to show that the MPAA and its member studios <b>have done much more to drive people to infringement</b> than any mere reporter who simply points out the reality of the market.
<blockquote><i>
Is it the reality that some people do steal content online?  Unfortunately, it&rsquo;s clear that&rsquo;s true &ndash; otherwise we probably wouldn&rsquo;t be having this conversation.  But do &ldquo;many, many people&rdquo; really intend to engage in theft just to watch a movie or TV show cheaply or for free?  We doubt it, particularly if legitimate, better alternatives are available; if they know it&rsquo;s wrong; and if they understand it&rsquo;s not a victimless crime.  
</i></blockquote>
Ah, my favorite bit of sophistry, which really shows that Swartsel is somewhat new to this particular debate.  Look, the industry has been screaming about "education" and "victimless crimes" for decades ("home taping is killing music!").  And it's totally bogus and everyone knows it.  Even bringing it up is an admission that you have no real argument.  Both <a href="http://www.techdirt.com/articles/20110308/02354213395/massive-research-report-piracy-emerging-economies-released-debunks-entire-foundation-us-foreign-ip-policy.shtml">significant research</a> and <a href="http://www.techdirt.com/articles/20110808/12354815439/if-even-death-penalty-wont-stop-infringement-perhaps-different-approach-is-needed.shtml">basic history</a> show that this is not an "education" issue.  Telling them "file sharing is bad," doesn't change anyone's mind.  And these people are <b>more than willing to pay</b>, as is seen time and time again by <a href="http://www.techdirt.com/articles/20110721/04092915191/industry-suppressed-report-showing-users-shuttered-pirate-site-probably-helped-movie-industry.shtml">study after study after study after study</a>.
<br /><br />
While Swartsel and the MPAA sit back and claim "but we are offering legal options!" they're totally missing the point (again).  They're not offering the legal options <i>that people want</i>.  In some cases they are, but every time they get close, they try to make those good services worse, and drive more people to alternatives.  The people are willing to pay if given a reasonable option that doesn't treat them like a criminal and put ridiculous restrictions on them.
<br /><br />
That's not "theft," that's frustration that the industry is so clueless that it can't offer a good service after all these years.
<blockquote><i>
But if what Masnick means is that we need to throw up our hands and look the other way while people who had nothing to do with making a movie or a TV show steal and profit from it, that is a reality to which we do not care to adapt, period.
</i></blockquote>
In what world does "learning to adapt" mean looking the other way?  Seriously, if you're going to make ridiculously false statements about my position, at least make them <i>appear</i> logically consistent.  I'm not saying throw up your hands.  I'm saying <i>stop being stupid</i> and start <i>offering services that don't treat people like criminals</i> and which actually <i>compete on value</i> with the services that people want.  It's not that hard, but if you're going to go around calling your biggest fans criminals a dozen times in the course of seven short paragraphs, I guess it's little surprise that you wouldn't be able to comprehend such basic things.<br /><br /><a href="http://www.techdirt.com/articles/20110816/10460415550/dear-mpaa-stomp-your-feet-repeat-it-as-many-times-as-you-want-infringement-is-not-theft.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110816/10460415550/dear-mpaa-stomp-your-feet-repeat-it-as-many-times-as-you-want-infringement-is-not-theft.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110816/10460415550/dear-mpaa-stomp-your-feet-repeat-it-as-many-times-as-you-want-infringement-is-not-theft.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>must-we-do-this-again</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110816/10460415550</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 25 Jul 2011 08:45:39 PDT</pubDate>
<title>The Absurdity Of Comparing Copying To Stealing</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110721/11295315199/absurdity-comparing-copying-to-stealing.shtml</link>
<guid>http://www.techdirt.com/articles/20110721/11295315199/absurdity-comparing-copying-to-stealing.shtml</guid>
<description><![CDATA[ This is certainly a point we've probably made hundreds of times on this site over the years, highlighting that infringement is different than "stealing" in some very important ways.  And yet, industry folks, politicians and law enforcement continue to make the claim that one is "no different" from the other.  We had already <a href="http://www.techdirt.com/articles/20110719/13282015167/feds-charge-aaron-swartz-with-felony-hacking-downloading-ton-academic-research.shtml">called out</a> US Attorney Carmen Ortiz, who's heading the prosecution of Aaron Swartz for making the bogus "no different than stealing" statement about Swartz's actions:
<blockquote><i>
"Stealing is stealing, whether you use a computer command or a crowbar and whether you take documents, data, or dollars," US Attorney Carmen M. Ortiz said in a statement. "It is equally harmful to the victim, whether you sell what you have stolen or give it away."
</i></blockquote>
Reader jjmsan points us to Matthew Yglesias' wonderful two paragraph <a href="http://thinkprogress.org/yglesias/2011/07/21/274751/stealing-involves-depriving-someone-of-the-use-of-something-to-which-he-or-she-is-legitimately-entitled/" target="_blank">debunking</a> of this absurd statement, and the fact that US law enforcement continues to make such obviously false equivalency claims:
<blockquote><i>
This is absurd. I wrote a book once, titled <u>Heads In The Sand</u>. I both own physical copies of the book and own the copyright to the content of the book. It is obviously not equally harmful to me if you break into my house and steal my physical copy of the book than if you were to somehow go to the library and make a photocopy of the book. The difference, not at all subtle, is that when you steal something of mine (be it my book, my iPad, my shoes, my money, my immersion blender or whatever), I don&rsquo;t have it anymore. If you copy something that you&rsquo;re not allowed to copy without my permission, that&rsquo;s a very different issue. Perhaps you deprive me of income I would have had if you hadn&rsquo;t done that, or perhaps you don&rsquo;t deprive me of anything. As I&rsquo;ve said before, I sometimes beg online for someone to send me a copy of an academic article that I can&rsquo;t get free access to. It&rsquo;s never the case that my fallback option in this situation is to purchase an extremely expensive academic journal subscription. Nobody is harmed when this sort of copying occurs, and even in the cases where there is a harm the nature of the harm is quite different from the harm incurred in actual cases of theft.
<br /><br />
I&rsquo;m not really sure why the people charged with enforcing copyright law are obsessed with obscuring this fact. The laws against stealing are hardly the only laws on the books. There is a perfectly sound public policy rationale for requiring cars to have license plates, but nobody would say &ldquo;stealing is stealing whether you take someone&rsquo;s car or just drive your own car without license plates.&rdquo; The regulations against copying are supposed to &ldquo;promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.&rdquo; That&rsquo;s a good reason to have a set of rules, but it&rsquo;s a reason that has nothing to do with &ldquo;stealing.&rdquo; The question is whether the rules we currently have are actually good ways to achieve this goal.
</i></blockquote>
It's that second paragraph that's really the crux of the issue here.  We've all argued way too many times over the issue in the first paragraph.  But there's simply <i>no good reason</i> at all for officials to use such language when it comes to copying, because copyright laws are entirely unrelated and have a totally different purpose than laws against stealing.
<br /><br />
Of course, it's also worth pointing out a key point that Yglesias seems to skip over which makes Ortiz's statements here even more ridiculous.  For all the "stealing" talk regarding Swartz's attempts to copy JSTOR documents, <a href="http://www.techdirt.com/articles/20110719/23592815169/you-know-whats-missing-aaron-swartz-indictment-any-mention-copyright.shtml">he wasn't even charged with copyright infringement</a>.  The "stealing" claim rings even more hollow than usual because he's not charged with <i>either</i> "stealing" <i>or</i> "copying."  He's charged with hacking into a system, against their terms of service.  Now, I guess someone could try to claim that's some sort of "theft of service," but even that claim doesn't hold up to much scrutiny, because anyone who had access to the MIT network -- which allowed guest access, as Swartz was using -- had free access to JSTOR.<br /><br /><a href="http://www.techdirt.com/articles/20110721/11295315199/absurdity-comparing-copying-to-stealing.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110721/11295315199/absurdity-comparing-copying-to-stealing.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110721/11295315199/absurdity-comparing-copying-to-stealing.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>preach-it</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110721/11295315199</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 12 Jul 2011 13:49:17 PDT</pubDate>
<title>Warner Music Group Employee Charged With Stealing $700,000</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110712/12215515058/warner-music-group-employee-charged-with-stealing-700000.shtml</link>
<guid>http://www.techdirt.com/articles/20110712/12215515058/warner-music-group-employee-charged-with-stealing-700000.shtml</guid>
<description><![CDATA[ What is it with recording industry folks getting charged with <i>actual</i> theft these days?  First we had folks from the Spanish music collection society SGAE <a href="http://www.techdirt.com/articles/20110705/02190314964/more-details-spanish-music-collection-society-corruption-accused-stealing-550-million-artists.shtml">charged</a> with a complicated scheme to divert money from artists to themselves.  Then we had the story of IFPI execs <a href="http://www.techdirt.com/articles/20110708/02423415007/more-fraud-investigations-over-recording-industry-execs-swiss-ifpi-boss-resigns.shtml">doing something similar</a>.  Now comes the news that a single employee at Warner Music, Andrew Robertson, whose job was "equipment buyer," may have <a href="http://www.hypebot.com/hypebot/2011/07/warner-music-staffer-accused-of-stealing-700000.html" target="_blank">stolen somewhere around $700,000</a> over a four year period.  The scam involved "the creation of fictitious vendors and over-charged items," in which he diverted the funds to a personal account.  Even more ridiculous?  The guy didn't even seem to work very hard to cover his tracks.  That "fictitious vendor"?  It was called A.I. Robinson... and used Robertson's own <i>home address</i>.  Tip to Warner Music: perhaps instead of worrying about "piracy" so much, you should pay attention to the folks <i>actually</i> stealing money.<br /><br /><a href="http://www.techdirt.com/articles/20110712/12215515058/warner-music-group-employee-charged-with-stealing-700000.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110712/12215515058/warner-music-group-employee-charged-with-stealing-700000.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110712/12215515058/warner-music-group-employee-charged-with-stealing-700000.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>now-that's-theft</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110712/12215515058</wfw:commentRss>
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<item>
<pubDate>Thu, 7 Apr 2011 09:28:57 PDT</pubDate>
<title>Is Tethering Stealing Bandwidth?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20110406/02284013797/is-tethering-stealing-bandwidth.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20110406/02284013797/is-tethering-stealing-bandwidth.shtml</guid>
<description><![CDATA[ <a href="http://www.dslreports.com/shownews/ZDNet-Unofficial-Tethering-Is-Stealing-113551" target="_blank">Broadband Reports</a> points us to the latest in silly arguments over non-existent "theft."  This time it's about whether or not tethering your smartphone and using it as a hotspot or as a broadband connection for your computer/laptop is "theft of service."  Two ZDNet bloggers go at it, with James Kendrick insisting that <a href="http://www.zdnet.com/blog/mobile-news/the-truth-about-tethering-pay-up-or-you-are-a-thief/1749" target="_blank">it's "theft of service,"</a> and no arguments to the contrary will persuade him.  Steven J. Vaughan-Nichols points out that <a href="http://www.zdnet.com/blog/networking/tethering-thief-nonsense/914" target="_blank">this is complete "nonsense."</a>  In the interest of full disclosure, I'll point out that I <i>do</i> pay for the right to tether my mobile phone, even though I agree with Vaughan-Nichols and think Kendrick is wrong here.
<br /><br />
If a bandwidth provider is selling you bandwidth at a particular rate, it's none of that provider's business what you then do with the bandwidth.  Claiming that only certain devices can use it is silly.  We had this back in the early days of WiFi when some ISPs insisted it was a terms of service violation to use WiFi or (in some cases) any router that allowed more than one computer to use the bandwidth.  However, as more and more people just started doing it anyway, the ISPs all realized they were fighting a silly battle (and moved on to the next silly battle: "net neutrality.")  
<br /><br />
But, really, the ridiculous claim is Kendrick's insistence on calling people who do this "thieves," even though they're paying customers who are paying for the bandwidth they use.  Vaughan-Nichols properly points out that, at <i>worst</i>, it's a terms of service violation that has absolutely nothing to do with "theft."  He also points out that he's paying for the bandwidth:
<blockquote><i>
I don't see why it matters if I use gigabytes of data on my phone or on my phone and laptop. At the end of the day, I still pay for it.
<br /><br />
To me a data service is lot like my water line. I pay for what I use. Now I can drink that water, use it on my phone; wash clothes with it, use it on my PC; or shower with it, use it on my iPod Touch. Whatever. When all is said and done, I've still paid for the water or service and I've not stolen anything.
<br /><br />
No, the real problem here isn't users. It's the carriers who charge us extra for the 'privilege' of deciding how we're going to use the data/water we receive from them.
</i></blockquote>
Kendrick's response appears to be to just keep repeating that it's "theft of service," but can't back that up by explaining <i>what's missing</i>.  That's because nothing is missing.  It's not theft of service in any way, shape or form, and it does Kendrick a disservice to his usually excellent analysis to beat this particularly misguided drum.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20110406/02284013797/is-tethering-stealing-bandwidth.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20110406/02284013797/is-tethering-stealing-bandwidth.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20110406/02284013797/is-tethering-stealing-bandwidth.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>hell-no</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110406/02284013797</wfw:commentRss>
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<item>
<pubDate>Thu, 7 Oct 2010 09:30:44 PDT</pubDate>
<title>Las Vegas Review-Journal Endorses The Same Candidate It's Suing For 'Stealing' From Them?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101005/12254911301/las-vegas-review-journal-endorses-the-same-candidate-it-s-suing-for-stealing-from-them.shtml</link>
<guid>http://www.techdirt.com/articles/20101005/12254911301/las-vegas-review-journal-endorses-the-same-candidate-it-s-suing-for-stealing-from-them.shtml</guid>
<description><![CDATA[ At the end of yet another good report by the Las Vegas Sun on <a href="http://www.lasvegassun.com/news/2010/oct/05/defendant-r-j-copyright-case-fighting-righthaven-l/" target="_blank">a defendant in a Righthaven case fighting back</a> (thanks to <a href="http://www.techdirt.com/profile.php?u=visual77">visual77</a> for sending this in), there's an interesting pointer to a blog post from Steve Friess, a Vegas-based writer (who has previously come out in support of Righthaven's lawsuits) noting that it appears that the Las Vegas Review-Journal really doesn't take copyright issues as seriously as it pretends in its <a href="http://www.techdirt.com/articles/20100902/13214910883.shtml">sermons</a> on the subject.  After all, it keeps claiming that copyright infringement is no different than "stealing," and yet, Freiss notes, the LVRJ has <a href="http://thestrippodcast.blogspot.com/2010/10/dear-righthaven.html" target="_blank">now endorsed Sharron Angle for Senate</a>, the same candidate that it (via Righthaven) <a href="http://www.techdirt.com/articles/20100904/23231810908.shtml">has sued</a> for copyright infringement:
<blockquote><i>
Congrats, R-J, for proving just how seriously you take copyright theft. Copyrighting is so important that, as your top lawyer Mark Hinueber told <a href="http://m.lasvegassun.com/news/2010/sep/26/executive-says-suing-over-r-j-copyrights-worth-neg/" target="_blank">a Society of Professional Journalists gathering</a>, it is nearly fundamental to the very foundation of the American way of life. But, on the other hand, someone who steals from you? <a href="http://j.mp/d27lVx" target="_blank">She ought to be a United States senator!</a> Cognitive dissonance much?
</i></blockquote>
Of course, everyone knows the reality here.  The LVRJ and Righthaven are not about protecting the sanctity of copyright, or "stopping theft."  It's a pure business model effort, an attempt to shakedown people for money, for sharing their content in a way that does absolutely no harm to the original work or the business of the paper.  But, still, it's good to see even Righthaven supporters calling out the hypocrisy of the LVRJ claiming that it's akin to stealing on the one hand, while endorsing one of the people they sued for a position in the Senate at the same time.  You don't endorse the person who stole from you for Senate.  And that's the point.  Angle didn't "steal" anything -- and everyone at Righthaven and the LVRJ know it.
<br /><br />
Separately, as for the original Sun article highlighting another defense effort against Righthaven, two quick points.  This is the first defense I've seen that calls out the <a href="http://www.techdirt.com/articles/20100709/11305410154.shtml">judge's ruling in the Tenenbaum case</a>, in which the judge called the statutory rates "constitutionally excessive," and a violation of due process.  This defendant is claiming that the demands brought forth by Righthaven violate due process rights based on this.  I have to say that's quite a stretch of a legal argument (and an awful lot of people fully expect that ruling in the Tenenbaum case to be overturned), but still interesting.  The second point is that while a lot of the defenses against Righthaven suits seem to toss up new arguments, it appears they're starting to all focus in on a few key arguments.  It will be interesting to see how the courts respond to these.<br /><br /><a href="http://www.techdirt.com/articles/20101005/12254911301/las-vegas-review-journal-endorses-the-same-candidate-it-s-suing-for-stealing-from-them.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101005/12254911301/las-vegas-review-journal-endorses-the-same-candidate-it-s-suing-for-stealing-from-them.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101005/12254911301/las-vegas-review-journal-endorses-the-same-candidate-it-s-suing-for-stealing-from-them.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>cognitive-dissonance...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101005/12254911301</wfw:commentRss>
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<item>
<pubDate>Thu, 25 Mar 2010 01:45:06 PDT</pubDate>
<title>Failed Filmmakers Pretend Piracy Group 'Stole' Film To Try To Get Publicity</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100324/1807308709.shtml</link>
<guid>http://www.techdirt.com/articles/20100324/1807308709.shtml</guid>
<description><![CDATA[ We've talked about smart filmmakers learning to embrace file sharing to enlarge their audience and to improve their business model, but it appears that some filmmakers are getting the wrong kind of message.  TorrentFreak has the story of how some filmmakers in Denmark, who had a total flop on their hands, pretended that the local Piratgruppen organization literally broke into the studio, stole (used correctly, for once) the film, and were threatening to put it online.  Of course, the whole thing was <a href="http://torrentfreak.com/filmmakers-fake-piracy-threat-to-boost-sales-100324/" target="_blank">completely made up in a weak attempt to get publicity</a>.  Little actually came of it until it was exposed as totally made up -- but it's a pretty serious issue.  The studio was blatantly lying and accusing people of out-and-out criminal behavior, knowing that it was false.  And this is in Denmark, where the local anti-piracy group has been quite aggressive in going after anyone for copyright infringement.  Shameful.<br /><br /><a href="http://www.techdirt.com/articles/20100324/1807308709.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100324/1807308709.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100324/1807308709.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>super-weak</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100324/1807308709</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 30 Oct 2008 02:34:58 PDT</pubDate>
<title>Artist Thrilled That His Work Was 'Stolen' By Fashion Designer</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20081028/0424482673.shtml</link>
<guid>http://www.techdirt.com/articles/20081028/0424482673.shtml</guid>
<description><![CDATA[ Reader johnjac points us to a blog post from a guy who made some computer generated images of flocking birds, and was rather stunned when he discovered that a big time fashion designer had basically yanked one of his photos off of Flickr <a href="http://www.flight404.com/blog/?p=135" target="_new">and put it on a sweatshirt</a>.  While we hear so many stories of people freaking out in such situations, this guy's reaction is quite refreshing:
<blockquote><i>
The more we looked, the more the neighboring details fell into place. Smith's version was mirrored left to right so I loaded the image in Photoshop and flipped it. "Oh my god! He totally stole my work!" I was dancing around the room. "Paul Smith stole from me!" I will admit it was a strange reaction. I didn't realize this until later in the day. I was actually thrilled that someone had ripped me off. Someone I liked.
</i></blockquote>
Later on in the post, the guy, Robert Hodgin, admits that his own works are built off of the works of others, as well.  And, that's exactly how creativity works: you build on the works of others.  It shouldn't be seen as a crime or something to get angry about.  It's a way to provide more materials for more creativity going forward.<br /><br /><a href="http://www.techdirt.com/articles/20081028/0424482673.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20081028/0424482673.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20081028/0424482673.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>sincerest-form-of-flattery</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20081028/0424482673</wfw:commentRss>
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<item>
<pubDate>Wed, 22 Oct 2008 07:21:00 PDT</pubDate>
<title>Dutch Kids Convicted For Stealing Virtual Magic Amulet</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20081021/1752432610.shtml</link>
<guid>http://www.techdirt.com/articles/20081021/1752432610.shtml</guid>
<description><![CDATA[ It's been over five years ago since we pointed out how silly the world would be if we started bringing <a href="http://www.techdirt.com/articles/20030929/0843228.shtml">real world justice into virtual worlds</a>.  It sets up a ridiculous situation, since the way any virtual world works is based on how it's programmed.  If there's a problem with an action, it should be up to whoever controls the game to fix the problem, rather than the real world police.  If you start setting a precedent where the "theft" of a virtual item in a video game is considered theft, then how do you deal with online worlds where theft is a part of the game?  If the game allows it, then it should be a part of the game.
<br /><br />
Even with plenty of people warning about how ridiculous it would be for police to get involved in searching for a <a href="http://www.techdirt.com/articles/20060815/148249.shtml">stolen magic sword</a>, it seems that hasn't stopped people from going to the police.  In the past, the lawsuits have usually been for other crimes besides theft, though.  We had one for <a href="http://www.techdirt.com/articles/20050120/105218_F.shtml">illegal computer access</a>, after a woman logged into a boyfriend's account and deleted his virtual objects.  In another case, someone was charged with <a href="http://www.techdirt.com/articles/20060907/013138.shtml">copyright infringement</a> for "copying" weapons.
<br /><br />
However, now we have a case of an actual theft charge in the Netherlands.  Two kids <a href="http://hosted.ap.org/dynamic/stories/E/EU_NETHERLANDS_VIRTUAL_THEFT?SITE=CADIU&#038;SECTION=HOME&#038;TEMPLATE=DEFAULT" target="_new">have been convicted of theft</a> of a (I kid you not) "virtual amulet and a virtual mask" in the game Runescape.  The details are pretty scarce, but apparently the two kids "coerced" another kid to hand over the items, and to the court that's as good as theft:
<blockquote><i>
"These virtual goods are goods (under Dutch law), so this is theft."
</i></blockquote>
I have to admit I don't know much about Runescape, but a quick look at the website mentions that it can involve "fights to the death."  Does that mean we'll soon have murder charges stemming from the game?  <b>Update</b>: Some folks in the comments have helpfully filled in some of the details that were lacking from the original article.  The two kids in this case apparently beat up and threatened at knifepoint (in real life) the other kid in order to get him to give them the virtual amulet.  As others in the comments point out, it sounds like they should have been charged with assault and battery, but still not theft.<br /><br /><a href="http://www.techdirt.com/articles/20081021/1752432610.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20081021/1752432610.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20081021/1752432610.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>are-you-kidding-me?</slash:department>
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<pubDate>Wed, 17 Sep 2008 12:10:20 PDT</pubDate>
<title>Making Google Products Easier To Use Is Not 'Encouraging Stealing'</title>
<dc:creator>Kevin Donovan</dc:creator>
<link>http://www.techdirt.com/articles/20080911/1510062240.shtml</link>
<guid>http://www.techdirt.com/articles/20080911/1510062240.shtml</guid>
<description><![CDATA[ Recently, Google Docs <a href="http://googledocs.blogspot.com/2008/09/back-to-school-with-bunch-of-new.html">unveiled a number of new features</a> including a built-in way to use Google Image Search to find pictures to complement written documents. Many people already use Google Image Search to find suitable graphics, regardless of the owner or copyright status, but <a href="http://www.micropersuasion.com/2008/09/is-google-docs.html">this streamlining has some people calling foul</a>. Under a provocative title suggesting that Google is "encouraging schoolchildren to steal photos," Steve Rubel continues to propagate the confusion between theft and infringement. No matter how many times we explain it, people just don't seem to understand that copyright infringement is not theft. Theft involves the removal of a rival good whereas copyright infringement makes a copy, leaving others' use uninhibited. Although the suggestion of expanding Google's Creative Commons filter is a welcome one, I doubt users who want to only use properly licensed content will fail to do so because of Google Doc's new feature. And those who want to use copyrighted images will do so whether or not they have to simply right click or open a new tab and search.  All Google is doing here is making its perfectly legal features work better together.  That's about efficiency, not "stealing."<br /><br /><a href="http://www.techdirt.com/articles/20080911/1510062240.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080911/1510062240.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080911/1510062240.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>it's-called-efficiency</slash:department>
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