Re: Re: Pirate PHP books online?

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On Wednesday 18 July 2007, Jay Blanchard wrote:
> [snip]
> ...all manner of interesting debate...
> [/snip]
>
> What, exactly, is the difference between this particular brand of
> copyright infringement and taking the book from a bookstore without
> paying for it? Am I committing copyright infringement by standing in the
> store and reading the book?

If you go into a bookstore and take a book out without the permission of the 
store owner, that is stealing/theft and the victim is the store.  (That 
permission is implicit in paying for it, since that involves a transfer of 
ownership, but it's the lack of permission that makes it illegal rather than 
the lack of money transfer.)

If you then xerox that book and sell copies of that xerox to people on the 
street, that's copyright infringement and the victim is the copyright holder 
(note I said holder, not owner).

If you go into a bookstore, pick up a book, and start reading it while 
standing next to the shelf, that may or may not be against store policy.  
Some stores actually have cafes where they encourage you to do exactly that, 
but others would ask you to leave.  

The first two are both illegal, and covered by two entirely different branches 
of law with two entirely different sets of reasoning behind them.  The third 
is not illegal but a matter of policy on private property.  

And a side note, while this thread may not have anything to do with PHP code 
it is vitally important that those involved in the creation and business of 
information and expression understand copyright law.  You don't need to be a 
professional lawyer, but the amount of misinformation out there about 
copyright, on all sides of the debate, is simply mind-boggling.  That hurts 
everyone, because the law is not always doing what is "right" (by some 
definition of right).  You can't know that, though, or make an informed 
decision about how you wan to license your work, unless you understand what 
the law actually is and why it is the way it is.  So as PHP professionals, 
copyright law is on-topic, even if not code-related.

-- 
Larry Garfield			AIM: LOLG42
larry@xxxxxxxxxxxxxxxx		ICQ: 6817012

"If nature has made any one thing less susceptible than all others of 
exclusive property, it is the action of the thinking power called an idea, 
which an individual may exclusively possess as long as he keeps it to 
himself; but the moment it is divulged, it forces itself into the possession 
of every one, and the receiver cannot dispossess himself of it."  -- Thomas 
Jefferson

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