Except that with the website example it’s not that they’re ignoring the price or just walking out with the item. It’s that the item was not labeled with a price, nor were they informed of the price. Then, rather than just walking out, they requested the item and it was delivered to them with no attempt to collect payment.
The key part of a website is that the user cannot take something. The site has to give it to them.
A more apt retail analogy might be you go to a website. You see a scooter you like, so you click “I want it!”. The site then asks for your address and a few days later you get a scooter in the mail.
That’s not theft, it’s a free scooter. If the site accused you of theft because you didn’t navigate to an unlinked page they didn’t tell you about to find the prices, or try to figure out payment before requesting, you’d rightly be pretty miffed.
The shoplifting analogy doesn’t work because it’s not shoplifting if the vendor gives it to you knowingly and you never misrepresented the cost or tried to avoid paying. Additionally, taking someone’s property without their permission is explicitly illegal, and we have a subcategory that explicitly spells out how retail fraud works and is illegal.
Under our current system the way to prevent someone from having your thing without paying or meeting some other criteria first is to collect payment or check that criteria before giving it to them.
To allow people to have things on their website freely available to humans but to prevent grabbing and using it for training will require a new law of some sort.
Except that with the website example it’s not that they’re ignoring the price or just walking out with the item. It’s that the item was not labeled with a price, nor were they informed of the price. Then, rather than just walking out, they requested the item and it was delivered to them with no attempt to collect payment.
The key part of a website is that the user cannot take something. The site has to give it to them.
A more apt retail analogy might be you go to a website. You see a scooter you like, so you click “I want it!”. The site then asks for your address and a few days later you get a scooter in the mail.
That’s not theft, it’s a free scooter. If the site accused you of theft because you didn’t navigate to an unlinked page they didn’t tell you about to find the prices, or try to figure out payment before requesting, you’d rightly be pretty miffed.
The shoplifting analogy doesn’t work because it’s not shoplifting if the vendor gives it to you knowingly and you never misrepresented the cost or tried to avoid paying. Additionally, taking someone’s property without their permission is explicitly illegal, and we have a subcategory that explicitly spells out how retail fraud works and is illegal.
Under our current system the way to prevent someone from having your thing without paying or meeting some other criteria first is to collect payment or check that criteria before giving it to them.
To allow people to have things on their website freely available to humans but to prevent grabbing and using it for training will require a new law of some sort.