Re: Can software be stolen? (Was: Re: FAST)

Kerry L. Konrad <k_konrad[_at_]stblaw.com> wrote:
>
> For what it's worth, I think all US cases that have considered the point
> have concluded that packaged software (as opposed to custom-built
> software, where a services component may be important) is a "good" for
> purposes of application of the Uniform Commercial Code, regarding
> warranties, implied contract terms, etc. This sounds fairly consistent
> with the English law described, and I believe is based on similar
> reasoning. The distinction between the software as a "good" and the IP
> content it contains is also observed here, and leads back to the
> interesting discussion we had previously about the nature of property
> and the distinctions among the concepts of theft, misappropriation,
> infringement, etc. But I don't think that there's any controversy that
> stealing a pallet of packaged sotware products off a loading dock would
> be called theft, the punishment for which would be determined by the
> commercial value of the goods, and that copying that software without
> permission onto your own disks would be considered something different,
> whatever you choose to call it.
>
> Kerry L. Konrad
> <k_konrad[_at_]stblaw.com>

Which raises the question "why?". Since the value of the packaging and distribution media is likely to be minimal, the net effect to both parties is the same whether I steal a packaged set of software or install a copy from an installation CD-Rom borrowed from a friend. I am uneasy about calling copyright infringement theft, but from a lay perspective the distinction would seem to be verging on legalistic pedantry.

-- 
Edward Barrow
edward[_at_]plato32.demon.co.uk