> 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.

There was no sign on the Adobe page saying you could download the 
software for free.  Bad analogy.

>
> 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.

There is also nothing on that page telling you you are allowed to 
download it for free.  It is NOT accessible from the home page, unless 
you search for it in their search widget.

The only people who get ot that page KNOW exactly why their going to 
that page.  They're either legitimate users of CS2 who need to reinstall 
the software they paid for and were directed there by the Adobe customer 
support or Adobe's user forums, or, they're people who are trying to get 
a free lunch because they read some blog post (or Forbes article on it)

This is no longer you picking up a book that shouldn't have been on the 
"free" table by mistake.  This is you going to the book store WITH the 
intent to get THAT book that shouldn't be there, because your firend 
told you it was there.

Yes, the store owner was careless, but you also have the intent to steal 
the book.

>
> 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...

Agreed.
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