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A common recurring theme in the comments here on TorrentFreak is that P2P file-sharing is ‘stealing’. While such sentiments are often expressed by the industry lobby groups, it’s completely at odds with the law. It could also be the very LAST thing those bodies want.
We get a lot of comments on articles from people saying things like “Yeah, it’s stealing. Just embrace it already” or “Good excuse to steal right?.”
There are editorials in mainstream newspapers that say “Such theft costs the copyright- or trademark-holders billions of dollars each year.”
Even Vice President Biden said last year that “Piracy is theft, clean and simple, it’s smash and grab.” But you’d think a long-time lawyer and member of the Senate Judiciary would know to read the law.
The fact is that if copyright infringement was theft, then it would be treated as theft, dealt with as theft, and ‘copyright infringement’ wouldn’t exist at all. Nevertheless, the claims are often made. We’ve dealt with this topic before three years ago, focusing on UK law. So let’s take an example of a US case and see what would happen if it were tried as theft, instead of copyright infringement. The most obvious case is that of the RIAA against Jammie Thomas.........................
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