On 15/01/2013 04:38 PM, Warp wrote:
> Francois Labreque<fla### [at] videotronca>  wrote:
>> This is exactly like my car dealer who offers free coffee and pastries
>> while I get my car serviced.  It doesn't mean that all the neighborhood
>> hobos are allowed to come in and eat for free.
>
> A closer example would be the images on a website: Just becuse you can
> download the image files from a website doesn't somehow automatically
> give you the right to use them as you want. This even if there's no
> copyright statement or usage restrictions mentioned anywhere in the
> website.
>
> There's zero difference between an image file and a computer program.
> Just because you *can* download a program from a website doesn't mean
> that you somehow automatically get the right to use it however you want.
>
> Copyright is automatic and does not need to be stated explicitly, and
> the *default* is that if there's no usage license, you can *not* use it.

Let's try another example:

Suppose a book shop has a pile of several books outside, with a sign 
saying "free books!" So I pick one up, and walk off with it.

But now it turns out that the particular book I picked up was put there 
in error by the shop staff; it should actually have been full-price. So, 
hypothetically, I have committed a theft.

Now watch the shop try to prosecute me for theft. That's not going to 
fly. You see, theft is one of these crimes which requires *intent*.

If you walk into somebody's house and take something, even if the door 
is left wide open, it's pretty obvious that you shouldn't be doing this. 
But if I shop offers you the wrong book for free, you have acted in good 
faith, and it's difficult to see how the courts could impose any sort of 
sanction against you. They might well order you to return the book, or 
perhaps pay some small cost to the shop. But since it was clearly the 
shop's error and you clearly did not take the book maliciously, I very 
much doubt there would be any criminal penalties.

Similarly, Adobe has some obsolete software on their site for download, 
complete with license keys. There is absolutely nothing on that page 
explaining that you're not actually allowed to download the software or 
use the license keys. It's a reasonable thing to believe that a company 
might legitimately do. I don't see how anybody making that mistake would 
be liable for anything more that desisting from using the software.

Now, if Adobe were to just put a notice on the page explaining the 
situation - which would take then about 30 seconds - then the entire 
argument changes. Now anybody taking this stuff would know that they're 
not supposed to have it. That would be an entirely other matter...

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