From: Hermit (hidden@lucifer.com)
Date: Tue Jul 01 2003 - 15:34:29 MDT
Ah the know nothings amongst us...
First, consider, that nobody can "steal" a radio signal (except when close enough to the transmission antenna to be able to draw off power that is meant for the transmission - not the issue here). Let me explain by analogy. If you pass messages in morse code between yourself and a neighbor by interrupting a stream of urine, and someone in between happens to figure out the meaning from the tinkling, the listener commits no theft. If you are splashing "potentially valuable information", or even "actually valuable information" on your lawn, that still does not affect the fact that a listener, no matter how unauthorised, has performed no criminal action. Even though you might be splashing in code and the man in the middle has perhaps "broken the code" the man in the middle has committed no theft. He cannot, as no theft has occured. You chose to broadcast your information - what thse splashed upon do with it is no longer your business. Now if you choose to modulate a radio transmitter using a moisture detector as
a key, this won't change the situation. You are choosing to broadcast your information. Theft requires the thief to intentionally deprive an owner of something valuable. Even if we pretend that what is transmitted by the TV broadcasters is more valuable than neigborhood pissing contests, the owner of the material is deprived of nothing. So - no theft can occur at all.
Now consider that everyone in the USA has been deprived of the ability to broadcast on the frequencies which the satellite broadcaster is using. Given the 9th Amendment, I'm not quite sure where the power to deprive everyone of the use of bandwidth originated, but I am quite sure that receiving a broadcast is even farther from stealing than making copies of material received by you - which was a right repeatedly defended by US courts through the 1970s and 1980s. Right up until the US sold itself to the highest bidder. Which appears to have been the media companies. This becomes self evident when you notice that the US Constitution, Article I, Section 8 permitted: " The Congress" to have the power " To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;" and the laws, barring the use of published and broadcast information which have recently been passed appear of no benefit to either the "Prog
ess of Science" nor "useful Arts" never mind to "Authors" or "Inventors."
Next, notice that the potential sale of material by anyone has no value at all. Only actual and contracted sales have value. After all, the economy could collapse, or Americans might decide to turn off their TV sets (and if they did, would probably massively benefit both the "Progess of Science" and "useful Arts"). Further, a person who is not yet a customer does not represent income. After all, there may be others like me who choose not to watch TV - because it is too costly in time and screwed up perspectives, not because of financial obligations. Then there are others, for example, those who have been incarcerated and so have great difficulty earning a living wage (and are not eligable for benefits) who simply cannot afford to pay for TV service. They will never be customers. Which appears to make a nonsense of the purported "losses" based on the demographics of those who are not customers. Speaking of ex customers, I'm not sure how billing an "ex-con-to-be" $500 a month is going to benefit society. Is it
the intention of this society to make criminals of their "near geniuses"? Or just those who offend the media companies. As far as I can see, this particular person has been sentenced to becoming a permanent criminal. Or are ex-cons in the USA supposed to earn sufficient to make such payments? If so, some statistics supporting such a claim would be good.
I suggest that the stench of urine spattered sidewalks would be sweeter than what has been suggested here. By far.
Hermit
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