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Re: [LUG] Ubuntu and Dell could be illegal in the US

 

On Sat, 05 May 2007 11:42:14 +0100
Simon Robert <simon.robert@xxxxxxxxxxxxxxxxxxxxxx> wrote:

> > Piracy requires theft and theft is defined in terms of property -
> > > software is not a physical thing, it does not exist in physical
> > > terms, it is merely stored on physical media sometimes. Software
> > > is not property and cannot be judged under crimes defined in
> > > terms of property. When you download a file from my website, you
> > > have not stolen that file - I still have the original - so how
> > > can that ever be deemed theft?

> Does this mean that e-books can never be property?

Yes. The story contained in the book (the copyrighted element) does not
exist in physical form - all you have is ink on paper. What that ink
represents and the story that unfolds upon reading it are the
copyrighted work and are distinct from the physical matter that holds
the story. i.e. the same story has the same copyright when printed in
paperback as in hardback or large print editions. The publisher can
claim copyright on artwork or other items apart from the story. A book
can be stolen, a story cannot.

> Does software only
> become property if the code has been printed in a book?

Software can never become property - as above, it never actually
exists. All you have is characters on the screen or ink on paper.

Software, stories, speeches, numbers, thoughts, conversation and music
do not and cannot ever exist as physical objects - they can only be
stored using physical objects, they never become physical in their own
right. A physical object can represent a copyrighted work but the
copyrighted work can never be constrained by a mere physical object.

> Or are we
> only considering binaries, which I would argue are physical objects?

A binary file is not a physical object. A hard disc platter is a
physical object, the organisation of magnetic bits on that disc such as
to create a filesystem and then a file is not a physical object, it is
merely an algorithm for creating order from chaos.

> Come to think of it a novel isn't a physical thing, only stored on a
> physical medium sometimes.

Exactly. A novel begins as a thought process - it can be told to others
at this stage with no copy ever existing, yet you cannot deny that the
story exists as soon as it is conceived in the mind.

> Not that I'm defending patents for software, just that the above
> statement throws up some interesting philosophical problems.
>
> In Marxist terms value is created by labour, the way the value is
> stored or represented is neither here nor there.

But Marxism does not dictate that stories must have a physical form,
neither does it dictate that stories must have a monetary value or any
other form of status as property.

If the writer chooses to do the labour but not assign a value, that is
their personal freedom and benefits the wider community.

--

Neil Williams
=============
http://www.data-freedom.org/
http://www.nosoftwarepatents.com/
http://www.linux.codehelp.co.uk/

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