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Re:US Navy denies it pirated 550K copies of software, says c... by cmdrfred on Tuesday November 15, 2016 @08:50AM (#12957920)
It seems we would have to know how machines actually launched the software to speculate on intent. Its possible this was accidental.
Re:US Navy denies it pirated 550K copies of software, says c... by FollowSteph3 on Tuesday November 15, 2016 @09:15AM (#12958115)
Accidental is not a valid reason, same as ignorance. Otherwise everyone could just say they accidentally committed a crime. That necklace accidentally fell in my purse, I was accidentally speeding, etc.
Re:US Navy denies it pirated 550K copies of software, says c... by SEMW on Tuesday November 15, 2016 @09:45AM (#12958370)
> Accidental is not a valid reason, same as ignorance

While this happens to be true in this specific case, as a general statement, it's misleading. It is true for copyright infringement because that is a strict liability tort, which means it doesn't require any particular state of mind ('mens rea'[0]).

Not all torts, and not all crimes, are strict liability. In your examples, if a necklace accidentally falls into your purse, that is not theft (in English law, anyway), as theft requires intent to deprive the owner of the thing[1]. Though once you notice it, if you decide not to return it, at that point it will become theft. Speeding, on the other hand, is strict liability (again: in English law, I don't know about US), as are most minor regulatory-type offences where it'd be difficult and impractical to prove intent.

(Also note: tort != crime. Copyright infringement can in some circumstances be a crime, but this is a lawsuit: the company is suing the Navy; the Navy isn't being prosecuted).

[0] https://en.wikipedia.org/wiki/Mens_rea

[1] http://www.legislation.gov.uk/ukpga/1968/60

NB: IANAL (did law, but ended up going into software dev instead)

Re:US Navy denies it pirated 550K copies of software, says c... by cmdrfred on Tuesday November 15, 2016 @10:29AM (#12958769)
That doesn't change if they intended to do it or not, its a clear copyright violation never the less (given the facts in the article are avcurate). I'm curious about what they actually intended to do.
Re:US Navy denies it pirated 550K copies of software, says c... by Dylan16807 on Tuesday November 15, 2016 @02:19PM (#12961243)
The type of copyright violation matters. Copies in the dusty recesses of a drive image are a lot more minor than it actually being used by a million people.