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If you pointed a gun at me and forced me to let you make an unauthorized copy of my app, then I assure you you'd be charged with robbery (which requires threat of physical force). You could also be charged with larceny, but since that's generally a misdemeanor the victim would prefer to charge you under 17 USC where, in additional to criminal sanctions, he can also get statutory damages (that is, preset amounts of money that have nothing to do with the value of what you stole).

Again, the pointing a gun at someone part is technically assault, which is why there is a separate charge called "armed robbery", as it encompasses more than just robbery...
 
The simple answer is that it is preferable to have some indulgent/lazy members of society as opposed to having mostly greedy ones.
Ah, but is it preferable to have mostly indulgent/lazy members of society as opposed to having mostly greedy ones? Or having mostly indulgent/lazy members of society as opposed to having some greedy ones? Or even having some indulgent/lazy members of society as opposed to having some greedy ones? :D
 
Check the server logs of various sites that host the illegal apps for your IP address.

1) Good luck with that.
2) Who in my household would be charged?
3) How do they know no one was using my ISP? Or do the logs trace all the way back to my specific computer?
 
Again, the pointing a gun at someone part is technically assault, which is why there is a separate charge called "armed robbery", as it encompasses more than just robbery...

At common law robbery is larceny by threat of force. Armed robbery is when the force is a gun. Assault is putting someone in imminent apprehension of unwanted physical contact.
 
Ah, but is it preferable to have mostly indulgent/lazy members of society as opposed to having mostly greedy ones? Or having mostly indulgent/lazy members of society as opposed to having some greedy ones? Or even having some indulgent/lazy members of society as opposed to having some greedy ones? :D

Finally some acumen. Those kinds of questions need to be addressed before we can simply cry about intellectual property rights.
 
1) Good luck with that.
2) Who in my household would be charged?
3) How do they know no one was using my ISP? Or do the logs trace all the way back to my specific computer?

The ISP will point them at your house. After that, good luck proving it wasn't you.
 
Finally some acumen. Those kinds of questions need to be addressed before we can simply cry about intellectual property rights.

Well, yes and no. If we choose not to address them, than it follows that the approach to the argument should be strictly a legal one, not a moral one. Deconstruct the society as a whole to find your moral answer, or go by the laws as written.
 
Well, yes and no. If we choose not to address them, than it follows that the approach to the argument should be strictly a legal one, not a moral one. Deconstruct the society as a whole to find your moral answer, or go by the laws as written.

At least in the U.S. we live in a society where, in theory, the laws come from the people and thus reflect the majority's morals. And we agree, as a society, to obey those laws, and not apply our own moral codes where to do so is in conflict with the laws. Trying to change the laws is fine, but violating them is not.
 
The ISP will point them at your house. After that, good luck proving it wasn't you.

Um, I think that would only work if this is not a criminal matter because unless I'm wrong in criminal cases they have to prove your guilt and not the other way around (you prove your innocence). But if this is not a criminal matter, whois the "they" when you say this:

They could, just as a for instance, find a source of illegal apps on the web/torrents, get a warrant, trace all the packets, and find out your IP, which they can then cross-reference to you via your ISP (probably without a warrant since courts have found that you have no expectation of privacy with respect to packets you send out onto the net, and most ISPs simply turn over the info without a warrant).

Do private citizens or companies have the capacity to acquire warrants to trace packets and get info from my ISP, especially when hosted in other countries? Further what company would go after individual piraters?

PS: I must admit my gratitude for you always teach me quite a bit about law. Something worth knowing.
 
I only obey laws that I can defend the merits of intellectually.

So if one is unable to defend the merits of murder being illegal (intellectually), then murder is ok?

The problem with this argument is that it leaves each individual essentially living by their own rules. Civil society cannot function without a standard set of rules (ie laws). But then I suppose not everyone is interested in a civil society.

If you don't like a law or rule, then work to change it. Breaking the law is the easy way out.
 
At least in the U.S. we live in a society where, in theory, the laws come from the people and thus reflect the majority's morals. And we agree, as a society, to obey those laws, and not apply our own moral codes where to do so is in conflict with the laws. Trying to change the laws is fine, but violating them is not.

When did this miraculous agreement occur? When did I agree wholesale to abide by all laws?
 
I'm no pirate, but the numbers from this story seem highly unlikely. Don't get me wrong, I know very well HOW to pirate, but I think this sounds a bit too paranoid.

I also understand the justification pirates use (developers asking too much / I wasn't going to buy it anyways / you can't actually -steal- information)... and I completely disagree with them. Pirating IS stealing. You're stealing more than mere information. It doesn't matter if what you take continues to exist and be in possession of the creator. Pirates steal people's time and hard work. And the vast majority of developers aren't huge corporations - they are people JUST like you trying to make a living out of honest work.
 
Um, I think that would only work if this is not a criminal matter because unless I'm wrong in criminal cases they have to prove your guilt and not the other way around (you prove your innocence). But if this is not a criminal matter, whois the "they" when you say this:



Do private citizens or companies have the capacity to acquire warrants to trace packets and get info from my ISP, especially when hosted in other countries? Further what company would go after individual piraters?

PS: I must admit my gratitude for you always teach me quite a bit about law. Something worth knowing.

At some point those packets come into the US, at which point they can obtain warrants (not private companies, of course. Prosecutors.)

And once you can prove to a jury that the computer mostly used by you received those packets, and that you, the person who owns an iPhone, normally uses that computer, and that the app that was illegally copied is meant for an iPhone, you're caught. Further, once they can show it's your house, they can get a warrant to search your computer, your iphone, etc., and find out whose phone ended up with that app on it.

As to whether any company would bother to try and get all this done, probably not, but if your only reason for obeying the law is fear of getting caught, I'm sure at some point your lack of moral center will get you involved in a serious enough transgression that you'll be getting to learn more about our legal system firsthand, anyway.
 
So you only obey the law if you think you might get caught?

Unfortunately, that's pretty much human nature. I think most people would fall into that category to some extent. How many people are guilty of speeding? Don't we all slow down only when there's a police car around? I think if we were really honest with ourselves, most of us would steal $1,000,000 from some filthy rich guy (non-violently of course) if we KNEW we wouldn't get caught. I know I'm going to get flamed on this, but c'mon--be honest.

However, I don't advocate a lawless society. Given that most people rationally understand what I wrote above, they are therefore motivated to empower an agent (e.g. the government) to employ mechanisms (police, courts, and punishments) to prevent such behavior. So, notwithstanding what I wrote above, I do support strict enforcement and tough punishments for lawbreakers.
 
Lawyers commenting on lack of moral centers. Haha.

As to whether any company would bother to try and get all this done, probably not, but if your only reason for obeying the law is fear of getting caught, I'm sure at some point your lack of moral center will get you involved in a serious enough transgression that you'll be getting to learn more about our legal system firsthand, anyway.
 
So if one is unable to defend the merits of murder being illegal (intellectually), then murder is ok?

Yes.

The problem with this argument is that it leaves each individual essentially living by their own rules. Civil society cannot function without a standard set of rules (ie laws). But then I suppose not everyone is interested in a civil society.

It'll work to the extent that there are enough people with similar moral outlooks.

If you don't like a law or rule, then work to change it. Breaking the law is the easy way out.

Oh how convenient. Tell me how were civil rights won? Weren't some violations rampant? (maybe we'll find a historian to educate me).
 
When did this miraculous agreement occur? When did I agree wholesale to abide by all laws?

Each individual needn't agree. If enough don't agree, the laws will change or we'll disband the government and stop enforcing things. But since enough people agree that we should all be held to certain standards, our elected politicians, in furtherance of what they perceive to be such an agreement, continue to pass such laws and ensure that they be enforced. Those of us that disagree, however, may feel free to do what we want, with the knowledge that the majority will feel free to incarcerate our asses.
 
Lawyers commenting on lack of moral centers. Haha.

Lawyers have to pass increasingly difficult exams on ethics in order to enter the bar, and have to take several hours of ethics training each year. They can also have their license to practice their profession permanently taken away for even the slightest ethical screw-up. Can you say the same about your profession?

I was an engineer for 15 years before I became a lawyer, and I haven't seen that lawyers are any less ethical than anyone else and, in fact, hardly a week goes by that there aren't detailed discussions about how to resolve some moral dilemma - due to the nature of the job, frequently we find ourselves torn between our duties to our client, our duties to the court, and our duties to other previous and existing clients.
 
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