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Re:Lost "Doctor Who" episodes found but owner is reluctant t... by gwern on Sunday November 12, 2023 @04:33PM (#38244288)
That doesn't make any sense. OP is about reports that BBC refuses to make any legal promises and talk only vaguely about cooperating with owners, when it would be so easy for them to simply publicly promise to not prosecute material stole before, say, 1990. Obviously, granting 'an amnesty for stolen episodes' is even easier for fake episodes which were never stolen in the first place... The credibility of the claims is irrelevant.
Re:Lost "Doctor Who" episodes found but owner is reluctant t... by justrealist on Sunday November 12, 2023 @06:36PM (#38245264)
The BBC does not have any discretion over who is prosecuted for a crime though. They can give their opinion but it's up to the police. So a public promise doesn't actually hold any weight.
Re:Lost "Doctor Who" episodes found but owner is reluctant t... by justinclift on Sunday November 12, 2023 @06:58PM (#38245427)
Someone would have to tell the police about it though.
Re:Lost "Doctor Who" episodes found but owner is reluctant t... by fingerlocks on Sunday November 12, 2023 @07:12PM (#38245504)
They don’t? In the United States you can’t be arrested and charged with theft without the owner claiming you actually stole something.

Is that not the case in the UK? Can you be charged because the DA read about a hypothetical crime in the bews?

Re:Lost "Doctor Who" episodes found but owner is reluctant t... by crooked-v on Sunday November 12, 2023 @07:22PM (#38245550)
You can absolutely be arrested and charged for that in the US. The police just generally don't because failure in court is nigh-guaranteed with an uncooperative key witness.
Re:Lost "Doctor Who" episodes found but owner is reluctant t... by fingerlocks on Sunday November 12, 2023 @08:10PM (#38245789)
Yeah, sure, you can be arrested for anything or nothing at all. Sorry I wasn’t clear.

Do you have any examples of charges and convictions on theft without a prior claim of deprivation to a good or service from an owner? Or are we just being pedantic?

Re:Lost "Doctor Who" episodes found but owner is reluctant t... by crooked-v on Sunday November 12, 2023 @08:33PM (#38245902)
Well, sure, here's a quick example of an uncooperative victim and the state attempting (and in this case failing) to prosecute on robbery charges anyway: https://www.norwichbulletin.com/story/news/crime/2009/03/21/...
Re:Lost "Doctor Who" episodes found but owner is reluctant t... by fingerlocks on Sunday November 12, 2023 @09:03PM (#38246074)
“charges and convictions” was not an inclusive-or statement
Re:Lost "Doctor Who" episodes found but owner is reluctant t... by ummonk on Sunday November 12, 2023 @10:47PM (#38246663)
You claimed “In the United States you can’t be arrested and charged with theft without the owner claiming you actually stole something.”

Then you shifted the goalposts to “charges and convictions”.

Re:Lost "Doctor Who" episodes found but owner is reluctant t... by fingerlocks on Sunday November 12, 2023 @11:14PM (#38246817)
Yes I did. Which I clarified because a pedantic ball flew over the first goal post.
Re:Lost "Doctor Who" episodes found but owner is reluctant t... by staticman2 on Monday November 13, 2023 @08:59AM (#38250156)
You asked "Do you have any examples of charges and convictions on theft without a prior claim of deprivation to a good or service from an owner?"

The real question is do you have an example of a judge ruling that someone can't be charged and convicted on theft without a prior claim of deprivation to a good and service from an owner? Because I'm pretty sure you are wrong.

If you were correct about your belief, I'm sure you can find an example of someone charged with murder and theft, and the theft charges being thrown out because the victim is unavailable to say something was stolen.

I guess in your imagination I can steal money from the wallet of a person in a coma in front of a cop, and get off scot free, since the victim can't testify against me?

Re:Lost "Doctor Who" episodes found but owner is reluctant t... by fingerlocks on Tuesday November 14, 2023 @06:57AM (#38262198)
No, because you stole in front of a cop. If you stole from a comatose person in the witness of non-cop, and that non-cop has authority of agency over the comatose, they can can press charges and you can be arrested.

Does that help?

Re:Lost "Doctor Who" episodes found but owner is reluctant t... by staticman2 on Tuesday November 14, 2023 @03:53PM (#38269586)
You seem to be inventing legal terms and ideas like an improvisational poet ("authority of agency over the comatose"????).

How could that possibly help?

Re:Lost "Doctor Who" episodes found but owner is reluctant t... by fingerlocks on Wednesday November 15, 2023 @06:00AM (#38275408)
Re:Lost "Doctor Who" episodes found but owner is reluctant t... by staticman2 on Wednesday November 15, 2023 @02:57PM (#38281564)
As that wikipedia article explains Agency is a commercial law concept. It has nothing to do with the prosecution of crimes under criminal law. Also "authority of agency" isn't a legal term. Which is why you'll find no results on google scholar. Agents have a scope of authority-- but nobody calls this "authority of agency" and furthermore your concept of an "authority of agency" for reporting a crime isn't a thing. (You'd have to actually read the results that come up on google scholar to confirm this as putting in direct quotes in google turns up results that don't contain that exact actual quote.)

Furthermore you know you are just making things up, why not just concede you like to imagine how criminal law works and you are having fun making up things like "authority of agency"?

Or perhaps you think i'm a very stupid person and treating you unfairly, maybe you can educate me by finding a reference for your claim that "In the United States you can’t be arrested and charged with theft without the owner claiming you actually stole something"

I suspect your source was your impression of law and order episodes, but even if I'm wrong it seems unfair for you to demand evidence from others without providing any yourself. I look forward to being educated by how you know "In the United States you can’t be arrested and charged with theft without the owner claiming you actually stole something".

This seems to be a crazy claim on it's face, since, as I explained, the owner of the object might be dead, in a coma, an infant, being threatened by the mob not to testify, etc. And the concept of hostile witnesses also exists in criminal law.

Re:Lost "Doctor Who" episodes found but owner is reluctant t... by fingerlocks on Thursday November 16, 2023 @04:34AM (#38287437)
Ok you’re being rude.

First, my wife is a lawyer.

Second, I pasted that link because I thought you didn’t know what “agency” meant based on your non-sequitur response. As in “principal” and “agent”.

I never claimed that was a legal term. If you are an agent with authority, what would you call it? Power of attorney doesn’t apply here. In general, someone that acts on the behalf of another. That’s it. No one is inventing new words. That’s just how grown-ups talk.

Ergo. If the owner is dead, then someone else is the owner. If the person in a coma, someone else can legally act on their behalf, like a spouse or family member. You know, someone with authority. Acting on behalf, like an agent. There’s those poetic words again! Same applies to an infant. Understood?

Finally, the point I was making is that someone has to report the crime and demonstrate that theft actually occurred for a successful prosecution. You are extremely unlikely to get arrested, much less prosecuted, for openly hypothesizing about whether a theoretical crime took place. Which is the very topic we were originally discussing.

I’ve already clarified my position once, and now ad nauseum. I don’t know what else to say if you’re still confused.

Re:Lost "Doctor Who" episodes found but owner is reluctant t... by staticman2 on Thursday November 16, 2023 @12:41PM (#38292753)
Maybe you should ask your wife, because as I understand it the prosecution has to prove a crime occurred beyond a reasonable doubt, that's the legal standard, it's the same standard as in Britain as I understand it. You seem to think that someone with some sort of legal authority on behalf of the victim has to testify that the item was in fact the victim's and was stolen-- this is not correct, it can be proven beyond a reasonable doubt with any admissible evidence. Or maybe you agree with me and we are talking past each other, I don't know?

To go back to the Doctor Who example, there's clearly concern by the archivists that admissible evidence exists to show the film was stolen by them. Whether this is likely to be prosecuted and conviction is likely to occur is a different matter.

Re:Lost "Doctor Who" episodes found but owner is reluctant t... by fingerlocks on Thursday November 16, 2023 @09:06PM (#38298398)
No, you’re making assertions I didn’t claim. You have to demonstrate that a theft occurred. A theft, by definition, requires a claim of ownership. An owner. Without a claim of ownership, there is no crime because you can trivially argue it was a gift or abandoned property.
Re:Lost "Doctor Who" episodes found but owner is reluctant t... by staticman2 on Friday November 17, 2023 @09:41AM (#38304233)
Again you are making things up. A defense attorney is welcome to argue that the guy who battered me unconscous with a baseball bat on the security footage and took my wallet was actually "gifted" my wallet, or the wallet was actually "abandoned" by my unconscous self, but nobody has to testify as to the ownership of ny wallet for a successful prosecution. The jury as finder of fact has sufficient evidence from the security footage alone.

Of course I have no idea what you think you mean by "claim of ownership" at this point- courts make ruling based on "admissible evidence" as I said. There is no legal requirement for the evidence to be a "claim of ownership".

Feel free to have last word if you want, this conversation has gotten silly.

Re:Lost "Doctor Who" episodes found but owner is reluctant t... by fingerlocks on Friday November 17, 2023 @07:57PM (#38313337)
Yeah your whole counter argument is basically “nuh-uh”. Let’s go with the wallet analogy, subtraction out the unrelated battery part. Let’s say someone straight up pick pocketed your wallet, you didn’t know, and someone else reported it. The perp gets arrested. One of the three things will happen next:

1. You are informed of the theft. You confirm that the wallet is yours and perp is charged.

2. You are informed of the theft. Instead you claim that it was not stolen because you either don’t care, feel bad for the perp, you hated that wallet anyway, or any other reason. There is no case. One rando stranger’s word against another, the perp walks.

3. You are not informed of the theft. No one can prove that the wallet was stolen, because we find ourselves back in situation #2.

Re:Lost "Doctor Who" episodes found but owner is reluctant t... by CamperBob2 on Sunday November 12, 2023 @08:42PM (#38245960)
In the United States you can’t be arrested and charged with theft without the owner claiming you actually stole something.

Not sure it was that simple in, for example, the case where Aaron Swartz 'stole' articles from JSTOR. JSTOR declined to press charges, but the prosecutor went berserk with self-righteous bloodlust, and well, we all know how that turned out.

Re:Lost "Doctor Who" episodes found but owner is reluctant t... by fingerlocks on Tuesday November 14, 2023 @07:04AM (#38262257)
He was not charged with theft.
Re:Lost "Doctor Who" episodes found but owner is reluctant t... by gwern on Sunday November 12, 2023 @09:08PM (#38246103)
A public promise holds plenty of weight - assuming it's legal in the UK for some police busybody to prosecute on the BBC's behalf without the BBC's consent, it is nevertheless hard to prosecute a crime when your 'victim' is strenuously criticizing you publicly for it and refusing to cooperate. And if you were right that it was so easy and meant so little, then all the more reason to make that public promise, no?
Re:Lost "Doctor Who" episodes found but owner is reluctant t... by doctor_radium on Monday November 13, 2023 @01:37AM (#38247602)
Going forward, it would seem like a good idea for the UK government to stop treating the removal of items from garbage bins as a crime. I'm no lawyer, but a quick web search suggests that nowhere in the US is "dumpster diving" considered illegal.
Re:Lost "Doctor Who" episodes found but owner is reluctant t... by P_I_Staker on Monday November 13, 2023 @08:20AM (#38249800)
Oh believe me, it's more than considered illegal. It is literally illegal.
Re:Lost "Doctor Who" episodes found but owner is reluctant t... by Mindwipe on Monday November 13, 2023 @08:03AM (#38249656)
> OP is about reports that BBC refuses to make any legal promises and talk only vaguely about cooperating with owners, when it would be so easy for them to simply publicly promise to not prosecute material stole before, say, 1990.

I'm not sure I buy the article's premise that this is the main issue to be honest. My understanding is that the main problem is simply that some of the people involved just want a bunch of money, and the BBC finds it very hard to countenance why they should pay someone for stuff stolen from them, especially at not very realistic valuations.