On 16/01/2013 1:32 PM, scott wrote:
>> 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*.
>
> That was exactly my original point; the question is could you have
> reasonably been aware that you had to pay for this software, and hence
> were committing the crime.

I think the top left hand paragraph which read:

Get access to every CS6 application and so much more for as low as 
US$49.99 per month.

Is a clue to it not being free.

>
> Another analogy I thought up, imagine a coke vending machine gets a bug
> after a software update and then gives drinks for free. Obviously word
> will spread and people will empty the machine pretty quickly. Coke gets
> a call that the machine is out of order (because it's empty) and come
> out to fix it. But they "fix it" by taking off any reference to a price
> or having to insert coins and re-stock the machine with a huge number of
> cans.

I do not think that by any stretch of the imagination that would be 
considered fixing.

> Is it legally and morally correct to then take a can without
> paying?

No it is not.

> What happens if a week later coke try to force everyone who took
> a free can to pay for it by taking to court the ones who refuse to pay?

Not likely, at all. Coca Cola Enterprises would write it off and if 
there was any great loss, claim it on their insurance. I had this 
discussion a few years back with a senior CCE manager, when I was 
working there.

> What will the judge say?
>

Mine is a diet coke. ;-)

Similarly if an ATM gives out more money than you ask for:

http://uk.finance.yahoo.com/news/atms-wrong-money-165239004.html


-- 
Regards
     Stephen

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