Is file sharing theft?
Mike Masnick of Techdirt has a post worth reading for anyone interested in copyright issues. The entertainment industry always equates file sharing with the theft of physical property, and takes the position that copies not explicitly authorized by the creator is theft. That position does not help their credibility.
That analysis doesn’t really fit, because the owner of the original still has the original. That is an issue that civil and criminal courts have struggled with over time.
Mike has some good examples showing that Just because you acquire something of value for free (and without the original seller’s permission) it doesn’t automatically make it “theft.”
He also points out the fundamental difference is that for physical goods, economic models are based on scarcity – ie I can give you or sell you my toaster – but then I don’t have one any more. For intellectual or digital property, scarcity is not an issue – the supply can be essentially infinite with no extra cost.
One of the fundamental issues of Canadian copyright reform is who gets to decide what copies can be made. In other words, in what circumstances should we be able to make copies of intangible items without the permission of its creator.
