Page 1 of Court rules Computer code ISN`T physical property..

Now this is interesting. A court has ruled (in this case) that computer code isn`t a physical entity, so it`s actually impossible to steal.

The 2nd Circuit Appeals Court ruled that since computer code cannot be physically obtained, it doesn`t fit the legal description of a stolen good. "Because Aleynikov did not 'assume physical control` over anything when he took the source code, and because he did not thereby 'deprive [Goldman] of its use,` Aleynikov did not violate the [National Stolen Property Act],

Could this translate to torrents? Or even a pirated movie? Recording a movie on a cinema screen isn`t stealing the film out of the projector (or the money out of the producer`s pockets). As well as downloading a file isn`t removing the file from its host server.

Food for thought

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It sets a precedent which hopefully could be used to slap the Studios down, but I think it`s more likely the decision will be overturned on the inevitable appeal and IP laws will be strengthened to avoid any further loopholes.

I`m just waiting for some American corporation to claim IP rights to air or the English language.  My money`s on Disney or Paramount.

J Mark Oates

It may not be stealing per se, but they still own the licence etc & the `product` cannot be used without the licence holders permission, & they are unlikely to give permission. 

Quote:
Paull says...
It may not be stealing per se, but they still own the licence etc & the `product` cannot be used without the licence holders permission, & they are unlikely to give permission. 
They own the licence to what though?  The product is presumably something able to be sold such as the film reels or the DVD/BD but this is a file conversion of one of those formats so you could argue that it no longer belongs to the Studios as they didn`t provide that format as a product in the first place.

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Si Wooldridge
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I believe one of the terms is `Creative licence`. They created it & no matter what format now or in the future it is converted to, it still belongs to the `creator`. Unless of course the licence runs out.

I`m not sure this has a large bearing on torrents. Seems the general issue here is the guy was convicted of the wrong offence.

The whole water muddying thing about copyright theft atm is the way the MPAA and friends are trying to turn what is a civil offence that should be solved by a company suing another company or individual over infringement, into a criminal offence of theft.

I guess this does perhaps have implications here, because they have definitely been trying to get police forces to over-reach on this kind of thing. But it doesn`t make downloading copyright information any more or less legal.


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