

Code not physical property - shadesandcolour
http://www.wired.com/threatlevel/2012/04/code-not-physical-property/?utm_source=twitter&utm_medium=socialmedia&utm_campaign=twitterclickthru

======
shadesandcolour
So if our code isn't a physical thing and can't be stolen, can we say the same
thing for other digital files, like movies and music?

~~~
chc
Yes, we already do. AFAIK, the number of people who have been prosecuted for
_theft_ of a digital movie file (as opposed to violations of copyright law) is
zero.

~~~
shadesandcolour
I've definitely read things, and maybe they were just statements from the
RIAA/MPAA, that said copyright infringement was exactly the same thing as
theft. Or am I making that up?

~~~
anonymoushn
If such an assertion were true, it would be terrible for their business. Theft
of a $20 object is not generally punishable by a fine of $100,000.

------
Maxious
Interesting that they did agree that digital money (wire transfers) is
property. So one set of bits is theft but another set isn't.

~~~
BerislavLopac
Which is particularly ridiculous, as _money_ is not physical at all. Even
physical money -- bills and coins -- is just information, just as when you
write down your phone number on a piece of paper.

~~~
eli_gottlieb
Well no. Physical money is _scarce_ information.

~~~
BerislavLopac
True, but money is not limited to the physical form.

------
ChuckMcM
Now _that_ is an interesting monkey in the wrench. A 2nd Circuit opinion that
allows that

 _"He (the defendant) argues that:

[1] the source code was not a “stolen” “good” within the meaning of the NSPA,
and

[2] the source code was not “related to or included in a product that is
produced for or placed in interstate or foreign commerce” within the meaning
of the EEA.

The judgement of the district court is reversed."_

Which narrows the opinion to the definitions in the NSPA and EEA but I think
some creative lawyering should be able to get this into things like code to
compress images for example.

It will be interesting to see if anyone can use this as leverage in the
ongoing copyright/patent/IP discussion.

------
vishaldpatel
It would be lovely to read an IP lawyer's opinion on this story's
implications.

Does this mean that a programmer working at a firm can walk away with code
without breaking any laws?

~~~
anonymoushn
No. You will probably be breaking some laws, but not laws against theft.

------
Radzell
I like that he got off, but does that means for the hackers that took googles
code. What happens to all patents on software.

