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No she does not have to be an innocent victim for this to be a slippery slope, this is just false equivalency.
Ah, I did not realize they charged the company with a crime. Oh they did not?
That is functionally the same thing, if she did report it after the first time I am sure no harm no foul. But if she did not report it in your eyes it is now theft (remember she stumbled upon this). If you think about this critically the number of times should not change the nature of the act.
Could you explain what the false equivalency is? I can't make any sense of what you think it might be.
You think they should be held liable for making a mistake and being taken advantage of? This is blaming the victim.
I started my initial post by very clearly stating "It comes down to intent." The claim that I'm equating one who accidentally benefits from a glitch, to someone intentionally exploiting it over the course of months to steal tens of thousands of dollars, is ridiculous.
I do think people have the moral obligation to help someone out if they make a mistake and are vulnerable to being taken advantage of, but I certainly do not think someone should be held criminally liable for not alerting someone/something to their mistake.
Her being innocent or not has nothing to do with the issue of setting a bad precedent in this case being a slippery slope. If using the provided pump software with provided rewards card (granted in a way not foreseen) can be considered theft then the slippery slope is what else can be considered theft.
Yes, they should be held liable. And then hold the makers of the pump software liable in turn. This should be a civil case between companies not a criminal case against a customer.
I agree that there might be a case for something else (conversion, fraud, conspiracy), but this is once again where that slope comes in. Relying on proof of intent is problematic to say the least. And yes the line of whats a whoopsy vs whats theft will come up if this goes forward. This is not ideal.
None of this has to do with a false equivalency. Are you sure you know what the term even means?
They made a mistake and their mistake didn't even harm anyone. What on earth would they be liable for?
Holy shit. You have no idea how our legal system works. It's innocent until proven guilty. You don't have to prove there was no intent, they would have to prove you did have intent.
This is moving the goal posts. We're talking about it being a slippery slope from her intentionally exploiting something to steal tens of thousands of dollars of gas, to someone accidentally benefiting one time from a glitch in a system. What counts as a violation of the law is part of the system, which is why we have trials with a "jury of your peers" to determine whether or not you crossed the line. Is it ideal? Of course not. But it is reality.