Re: Net piracy?

[dkl@crl.com (David K. Leikam)]

  re: Lost classics, piracy, etc.


  Amen, bro.  Copyright is an equitable procedure, not a legal one. For 
those who don't know the difference, please shut up and go learn.

  Copyright exists only insofar as someone is there to complain about 
violations. No complaint, no violation, and no copyright. It's just that 
simple.  See previous paragraph.

  The "Theft is theft, plain and simple" argument strikes me as moronic. 
(I hope I'm really offending somebody, here.)  I have this friend who 
just bought a futon to replace his sleeper sofa. Problem, how to get rid 
of the sofa he doesn't want anymore, without having to haul it off 
somewhere? Easy. Put it out by the curb, and little elves come to take it 
away overnight.

  By his actions, he indicates VERY clearly, he doesn't want the thing, 
he's abandoning it, please somebody come take it away.

  This is called, "Abandonment". See the first paragraph, above.

  Now, if I cannot anywhere legitimately purchase something, and the 
putative owner cannot be found by a diligent search, or clearly indicates 
indifference toward selling same, wherein is "theft"? 

  BTW, "theft" is a legal term, precisely defined, and includes the 
provisio that the thing "stolen" has value. See the first paragraph. A 
thing with zero value cannot be taken by "theft". See the first paragraph.

  All ya havta do to prove something's valuable, is to show it's valuable 
to you, the putative owner. If all your actions demonstrate you don't 
give a rat's tail, where is value? And where is theft?  If you can't even 
be FOUND to be asked about your car/land/software, is it theft? (Hint: 
See "Homestead Act", "Title by possession", and "Squatter"). See the 
first paragraph.

  Oh, and the moral crap? If I say, "I don't have any, won't sell you any 
cuz I don't have any, don't know who does, and don't care, please lose my 
phone number", I think you're reasonably entitled to assume moral 
justification in finding whatever it is without further reference to me.

  ON THE OTHER HAND, morally speaking...say I takes your money and sells 
you a product like an accounting program for yer biz.  Later on it messes 
up, and you take losses because of that. I use my levitical license and 
my legal nonexistence (Oh, THAT corporation? Dissolved 10 years ago!) to 
escape any moral obligation to even get the thing running again, let 
alone compensate you for the damage... your comments on the morality of this?

   (I have a brick poised to throw at anyone who says, "2 wrongs don't 
make a ..."   Mon, what do you think civil justice IS? It's a sanctioned 
second wrong, the taking of the property of the defendant by force (that 
of the state). And criminal justice? The taking of life & liberty by 
force of the state. Get a grip.)