Content Theft is Not Really Theft

The question is asked: I'm not clear on how the DMCA can supercede every other law on the books when it comes to using stolen content.

Obviously, copyright is the big issue that everyone focuses on. But isn't the theft itself a different issue?

Can't you go after someone for the simple act of stealing the content in the first place? It would seem that you could file criminal charges for theft, as opposed to a copyright violation. If a site was charging to view the stolen material would that change anything?

One other area that hasn't been explored much, at least that I've seen, is filing complaints with the FTC over unfair competition. Wouldn't that be a potentially viable route? Of course, the arguement would be that by using stolen and unlicensed content, they are competing unfairly. Would the DMCA somehow supercede the other existing laws and regs?

Thanks for your time!

And the law replies: Not at all -- this is a general question. I would be happy to answer.

Content theft is not really theft. One of the elements of theft is that you, the person whom the item was stolen from, have lost the use and enjoyment of the item taken. If someone copies your content, you still have the original and you can still do something with it. In civil law we call theft conversion but it is hard to convert digital images.

If someone steals a print of a photograph from a museum we have theft.