> What if I always lock my front door, but this morning I was in a hurry and forgot? Should I give up all rights of private property because of this error?
You and me would both be alarmed if someone entered our house after we forgot to lock the door, but I wouldn't consider that persons entry into my house a crime in itself (obviously, its probably still a crime whether I agree or not). Do you forfeit rights to your private property for forgetting to lock your door? Not at all. If you wake up in the middle of the night and someone is in your house, and you shoot them, you did nothing wrong. Whether or not you locked the door, your life is at risk if you assess the situation incorrectly (goes for daytime too). When that person entered into somebody else's house uninvited, they made a decision to subject themselves to your discretion.
> If they took anything, it would still be stealing--even though one could argue that if I "really" didn't want anyone to take my stuff, I would have locked my door.
They would be wrong telling you that you forfeited your rights to your belongings for not locking your door. If that were the case, nobody would be obligated to pay for anything at the grocery store or mall.
> Should the rights of people and companies be completely dependent on their ability to write invulnerable code?
It is up to you to defend your rights, nobody else. If you are going to offer a service and want to protect the server, data, code, licenses, etc.. the burden is on you to protect it through whatever means you see fit. It is no one else's job to protect your product.
> I would submit that that is not a sustain way for the law to operate.
The reason for that may be because we shouldn't rely on the law to prevent a crime aside from being a visible deterrent. The purpose of law should be to enforce civil agreements when a crime is committed. If someone causes financial damage to your property, what good does it do to put that person in jail? Wouldn't a better solution be to have your property returned or receive financial compensation equivalent to the value of what was taken/damaged?
You and me would both be alarmed if someone entered our house after we forgot to lock the door, but I wouldn't consider that persons entry into my house a crime in itself (obviously, its probably still a crime whether I agree or not). Do you forfeit rights to your private property for forgetting to lock your door? Not at all. If you wake up in the middle of the night and someone is in your house, and you shoot them, you did nothing wrong. Whether or not you locked the door, your life is at risk if you assess the situation incorrectly (goes for daytime too). When that person entered into somebody else's house uninvited, they made a decision to subject themselves to your discretion.
> If they took anything, it would still be stealing--even though one could argue that if I "really" didn't want anyone to take my stuff, I would have locked my door.
They would be wrong telling you that you forfeited your rights to your belongings for not locking your door. If that were the case, nobody would be obligated to pay for anything at the grocery store or mall.
> Should the rights of people and companies be completely dependent on their ability to write invulnerable code?
It is up to you to defend your rights, nobody else. If you are going to offer a service and want to protect the server, data, code, licenses, etc.. the burden is on you to protect it through whatever means you see fit. It is no one else's job to protect your product.
> I would submit that that is not a sustain way for the law to operate.
The reason for that may be because we shouldn't rely on the law to prevent a crime aside from being a visible deterrent. The purpose of law should be to enforce civil agreements when a crime is committed. If someone causes financial damage to your property, what good does it do to put that person in jail? Wouldn't a better solution be to have your property returned or receive financial compensation equivalent to the value of what was taken/damaged?