Sure the rules can be different, but why should they? The reason for punishing is the harm done.
I'd also argue that stealing code is depriving the owner the control of the code. The property interest is in the code in the non-tangible sense. It doesn't matter that I still have a copy.
This is especially true for code that is confidential. A lot of the value of Goldman's code is that nobody else knows it. Otherwise you can predict their trades, which can cost them money.
I just don't get the idea that millions of dollars of hard work can be stolen and it isn't a big deal because it's not physical. But everyone is okay when you throw a kid in jail for stealing a pair of Beats that cost 20 bucks to assemble.
>Stealing a car is a crime not because the defendant has a car, it's a crime because the true owner no longer has his car.
It's a crime because he has someone else's car. A property interest in the US common law system has always carried a right of exclusion and a right of control.
You are trying to limit it to just a right of possession.
>And while there may still be harm, it's certainly of a lesser sort.
Only because you insist that physical loss is always worse. Don't you think Goldman would be worse off if this code was taken vs. one of their cars? One is worth millions and the other several thousand dollars.
In fact, we have a very easy way of deciding which is worse. The economic damage is causes. That is actually how society judges how bad stealing is. Theft over a certain amount is worse than petty theft.
>This is a craftsman keeping a photograph of his work for a portfolio. Nothing more.
That is another matter entirely. I do agree the state should have to prove he intended to use it or disclose it to the public/goldman competitors.
It's sort analogous to borrowing vs stealing. Not every instance of taking without permission is stealing.
I'd also argue that stealing code is depriving the owner the control of the code. The property interest is in the code in the non-tangible sense. It doesn't matter that I still have a copy.
This is especially true for code that is confidential. A lot of the value of Goldman's code is that nobody else knows it. Otherwise you can predict their trades, which can cost them money.
I just don't get the idea that millions of dollars of hard work can be stolen and it isn't a big deal because it's not physical. But everyone is okay when you throw a kid in jail for stealing a pair of Beats that cost 20 bucks to assemble.