Code Not Physical Property, Court Rules

Kim Zetter, for Wired:

“Because Aleynikov did not ‘assume physical control’ over anything when he took the source code, and because he did not thereby ‘deprive [Goldman] of its use,’ Aleynikov did not violate the [National Stolen Property Act],” the 2nd Circuit Court of Appeals wrote in its opinion (.pdf).

Since digital media files are computer code which one cannot assume physical control over, nor deprave others of their use, doesn’t this set a precedent for cases involving the RIAA or MPAA?