this post was submitted on 19 Jul 2023
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Piracy: ꜱᴀɪʟ ᴛʜᴇ ʜɪɢʜ ꜱᴇᴀꜱ
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Piracy explicitly is not stealing. Theft requires denying the owner of the ability to use the thing that is stolen. Copyright infringement does not meet this bar, and is not a crime in the vast majority of cases. Commercial copyright infringement is the only offense classed as a crime, which in a nutshell is piracy for profit ie selling pirated material.
Piracy is attacking ships at sea and is usually done in order to rob them.
Piracy is midnight oyster and clam harvesting without a license to break the oyster cartel, making restaurant oysters and clams more available and cheaper to customers.
It is from this grand tradition along the US West Coast that the notion of media piracy rose, and much like the Golden Age of Piracy robbing the Spanish Silver Train, piracy is associated with snatching ill-gotten gains from those who don't deserve it, sometimes benefiting communities that do. (YMMV).
This is why you get a letter of marque to give you legitimacy. I've been letioning my government for one endlessly so I can attack Russian shipping in the balkans.
A letter of marque means you can find safe port at colonies of the issuing state so long as you are attacking its enemies (usually Spanish vessels during the Golden Age).
And privateering is piracy when you have the consent of a government to attack ships belonging to another government
Privateering usually meant the state's navy issued the ship and demanded a substantial share of the prize leading to creative accounting at sea. It was a deal taken typically by naval officers who might otherwise be tempted to desert when going on the account is offering better prizes and career options. (Desertion to piracy was a big problem in the Queen's Navee.)
Yes it is
that's an interesting definition, and one that appeals to me especially as a fan of "harmless" theft (taking something that the owner will never notice is gone, nor be inconvenienced by the lack of)
It's literally the legal definition. Copyright infringement has never been theft. Media companies have been trying to change the definition of theft, though.
It used to never be a crime, only a civil offense. This means the rightsholder has to sue you, rather than the state prosecute you, but also that the burden of proof is "the balance of probabilities", ie whichever side tips the scale past 50/50 with their argument, rather than "beyond reasonable doubt" which is more like >99%. However in the last decade many countries have introduced "commercial copyright infringement" as a criminal offense. Off the top of my head, in the US I think the threshold for that is like $1,000 or something.
It's not about it being "harmless" but the fact that you're not taking something away from someone. If I steal your laptop and sell it, you no longer have a laptop. If I copy data, you still have your original copy.
This is also why there's a different crime for "joyriding" instead of just stealing a car. If you steal a car, you might argue that you were just taking it for a drive, and never intended to permanently deprive the owner. In that case it's easier to convict you for joyriding instead of theft.
Piracy is best compared to riding a bus without a ticket.