[comp.dcom.telecom] Leonard Rose Update: His Prior Conviction

Mike Riddle <Mike.Riddle@f27.n285.z1.fidonet.org> (06/24/90)

Whether or not "theft" is the correct term to use when discussing
unauthorized acquisition of a computer program or data is an
interesting question.  While I recognize the semantic difficulties, it
seems to me that "theft" is as good a term as any.  There are also
parallels in older, more established law.
 
Compare the computer programs involved to copyrighted material or to
trade secrets.  The law is reasonably well-settled in both of those
areas.  The company owning the copyright or trade secret is entitled
to control the distribution, as long as it takes reasonable measures
to secure it.  If someone gains access and uses the copyrighted
material or trade secret without permission, when a reasonable person
should know the information is confidential or distribution is
restricted, then that person has taken something of value from the
orignal owner.  I submit that "theft" is the unauthorized taking of
something of value -- so the term fits to folks who access computers
without authorization and make personal copies of the contents.
 
While there are many more difficult issues involved with the
technological revolution (witness Caller-ID), we still ought to be
able to recognize a taking for what it is and label it as such.  Since
more and more of us store valuable information in our computers, and
those computers are connected to networks, we all have an interest in
preventing our valuable commodities from being stolen.


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