• @starman2112@sh.itjust.works
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    411 months ago

    I have to agree with Zoolander on this one very particular point: the legal definition of a word isn’t the only definition of a word. For example, civil asset forfeiture is objectively armed robbery, but because it’s the police that do it, it’s not legally armed robbery.

    Funimation taking your purchases away from you is theft by any reasonable definition of the word, but they won’t see any legal consequences for this.

    Zoolander is absolutely wrong about piracy being theft though

    • TWeaK
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      311 months ago

      Yeah sure, it’s not the only definition, but it’s the most detailed one.

      Copyright infringement is similar to theft, in that both involve the loss of a potential sale. Theft is unique in that it includes a more significant loss as well - the tangible item that is was taken and is no longer under the control of the rightful owner.

      Funimation taking your purchase away is also not theft, because of the details of the licensing agreement. However, it is still patently wrong, in the same way that copyright infringement is wrong. You paid for a thing, you had a reasonable expectation that the thing would continue to be available, it suddenly not being available with no recompense is harmful.

      I’m really hoping that YouTuber Ross Scott (Accursed Farms) goes ahead with his lawsuit against Ubisoft after they shut down The Crew. I’m really gunning for that. Unfortunately, so far YouTube lawyers (Legal Eagle and Steve Lehto) haven’t got back to me with their opinions, but I still think money could be raised to form a proper class action. We really need clear definitions formed on digital rights - win or lose - and the best way for that to happen is if people take it to court.

      Even if the lawsuit ends in a loss, it will be far better to have a clear definition of what things are sold as. Businesses shouldn’t be selling services with a finite lifespan as if they’re a good you can own indefinitely. Plus, clear boundaries would open up the market for people to openly sell actual goods that people own, distinctly different from the services that businesses want to rent.