On 17/01/2013 3:48 PM, scott wrote:
>
> I was just trying to make an analogy with physical items. I have seen
> large companies giving away free samples plenty of times before as a
> marketing tool.
>

And I am sure that it was obvious that they were free samples. Or you 
would not have taken them.


>
> When I got free samples before nobody told me it was free or part of a
> marketing campaign, I just assumed it was because I was not asked to
> pay. Was I meant to check before accepting the goods?
>

Maybe my above statement was wrong.
I would say that yes, you should have asked.

>> Well I will let you read the Wiki entry and you can make up your own
>> mind.
>>
>> en.wikipedia.org/wiki/Theft#United_Kingdom
>
> Well this is from the "dishonesty" page that it links to:
>

> to be regarded as dishonest:
> (a) if he appropriates the property in the belief that he has in law the
> right to deprive the other of it, on behalf of himself or of a third
> person; or"
>

I read that and am a bit surprised that neither you nor anyone else 
mentioned that the theft act explicitly states... dishonestly 
appropriates property belonging to another with the intention of 
permanently depriving the other of it;

With downloading software you do not depriving the other of it.

> So it all comes down to whether the person *believes* they have a right
> to the item or not, or rather whatever a court thinks they believed.
>

"I believe that all property is theft."

See how far that gets you in court. ;-)

-- 
Regards
     Stephen

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