The german blawgsphere starts catching (Handakte, vertretbar.de, LenzBlog Deutsch and juralibris) up on Aaron Swartz’ Article Downloading Isnt Stealing.
That’s nice because the german blawgers usually stay away from more involved discussions.
My primary concern in this discussion is Fuzzy language leading to fuzzy Thinking:
One culprit is Aaron who is popularizing the term “downloading” for copyright infringement. I’m certain Aaron does not intended this effect but still the word “downloading” – describing the simple act of transferring data on a network via a pull mechanism – will considering the wide dissimilation of Aarons’ Article get the odor of being something illegal. Like we have seen it with other Terms like “Peer-2-Peer”, “CD-Burning” and the like.
Downloading is certainly not stealing. Because downloading just describes a technique. A technique used primary for perfectly legitimate purposes.
But even “copyright infringement” is not stealing. I’m not arguing on the basis that copyright infringement can not punished by theft statues – at least here in germany. My argument is that the meme of stealing is “taking something away”.
Consider you have written a paper you need for class. If I steal it form you (this really happens in the Bonn law school) you can’t submit it because you don’t have it anymore. If I copy it (infringingly) from you you still have it. You can still submit it, you still can pass class. Sure you can still get in all kinds of trouble, e.g. if I submit your paper as mine. But it is clearly something different than stealing.
So what category of crime is copyright infringement ? In a blog comment I argued it is something inbetween Obtaining Benefits by Devious Means and furtum usus which is generally not punishable by german criminal law. I’m really interested where others would pin down the type of wrongdoing in copyright infringement.
Certainly it goes not along violent crimes like piracy. Read more on propagandistic language in this context at Karl Lenz, disLEXia TOS (twice).
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