It's obviously not "breaking". In fact "breaking" is the difference between burglary and theft, and theft insurance is way more expensive than burglary insurance (which I experienced today reading an insurance offer) , because theft is nearly impossible to prove and usually due to the victim's negligence.
Re:"Egor, stop hacking Github"
by JangoSteve on Monday March 05, 2012 @04:07AM
(#3665957)
In the legal sense, you don't need to literally break something for it to be breaking in entering.
From the legal-dictionary [1]:
breaking and entering v., n. entering a residence or other enclosed property through the slightest amount of force (even pushing open a door), without authorization. If there is intent to commit a crime, this is burglary. If there is no such intent, the breaking and entering alone is probably at least illegal trespass, which is a misdemeanor crime.
[1] http://legal-dictionary.thefreedictionary.com/breaking+and+e...
Ah, sorry. Insurance underwriter takes a different view than criminal law, I guess.
I don't think I'm going to take this analogy any further though; things get dangerous when you base an argument entirely on analogy.