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Originally Posted by Temrek
The Technology in Transhuman Space doesent make it so clear to what constitutes a murder in that setting. How would the following be treated?
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I assume you are talking about SAIīs and about societies that treat them as people. Also, one should take into consideration that borderline cases will not be adressed explicitly by written law. In most legislations they are adressed to by judicial precedent, even in continental european law. Such precedent might or might not exist. In the latter case, someone might be in for a rude (or happy) surprise.
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Originally Posted by Temrek
Destroying an inactive backup copy?
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Deleting a backup copy is Modification of Data, a crime similiar to Damage to Property.
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Originally Posted by Temrek
Killing someone with inactive backup copies while deliberatly leaving those copies be?
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Already difficult. The active copy is a person, without doubt. And this person will be deleted, that is, killed, as far as digital minds go. But he has the option
Jurgen is right in calling this Assault, but I would also go for Attempted Murder, since the reviving procedure might not work, that is, through some computer error or something.
Also, you could argue that this IS murder, since he will be dead for some time. Especially since you could also argue that the activated copy isnīt exactly the same person, since it has at least lost some time of its life.
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Originally Posted by Temrek
Killing one version of someone who is (illegally) xoxoing?
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Illegal xoxes are a difficult case. I guess the trial will be quite interesting. But I would argue that different xoxes are different persons as far as criminal law is concerned. They do develop in different ways after their creation.
That xoxing itself is illegal is irrelevant, at least in my eyes. It is not the xoxes fault, that it was produced by illegal means and the original copy does not forfeit its right to live (if it is granted as much) by copying itself. (Today) a baby produced by illegal means of reproduction medicine still has the right to life.
Of course, the xox hunters lawyer will argue differently.
Also, in this case specific law might allow to erease xoxes anyway, in which case it might only be Illegal Employment or something for someone who is not an authorized xox hunter.
Remember that xoxes of living persons are only ghosts, which might not be treated like people anyway. In that case, it is only Modification of Data.
Now that we are at it, I guess this is a very interesting subject. As a lawyer myself, I have always been fascinated by how to legally approach problems in a fantastic or ultra-tech environment.