Piracy

6 Robbery and depredation upon the high seas.^ Eobberyand forcible depredation upon the high sea, animo furandi.^ Eobbery or forcible depredation on the high seas, without lawful authority, done animo furandi, and in the spirit and intention of universal hostility.'

Pirate.

One who roves the sea in an armed vessel, without commission from any sovereign State, on his own authority, and for the purpose of seizing by force, and appropriating to himself, without discrimination, every vessel he may meet.!" Piratical. Imports an aggression unauthorized by the law of nations, hostile in character, wanton and criminal in its commission, and utterly without sanction from any public authority or sovereign power, — that the act belongs to the class of offenses which pirates are in the habit of perpetrating, whether the purpose be plunder, hatred, revenge, or wanton abuse of power.

H ' 1 Steph. Hist. Cr. Law Eng. 490. » The Alzena, 14 F. E. 174-76 (1882), cases.: See also Fahnestock v. State, 102 Ind. 156 (1884). * Barring.

— Stat. 181. » Howard v. Digby, 8 Bligh, 269 (18M). * F. pirate: Gk. peirates', ore who attempts or attacks. ' [4 Bl. Com. 71. 8 United States v. Smith, 5 Wheat. 161-62 (1820), Story, J. » 1 Kent, 183; Dole v. New England Mut. Mar. Ins. Co., 2 Cliff. 416 (1864). '" United States v. Baker, 5 Blatch. 12 (1861), Nelson, J.: Davison v. Seal-skins, 2 Paine, 333 (1838?). Hostilities committed under a commission from a party to a recognized war are not included. In that case the superior may be held for the act.' Piracy is the same offense at sea as robbery on land. It is everywhere punished with death; at common law was punished as an offense against the law of nations (part of the common law) — the universal law of society: a pirate being deemed an enemy of his race, hoatis humani.g&neria.^ Congress shall have power " To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations." ' " To define " is to enumerate thecrimes which E^ll constitute piracy.* 2. Infringement of a copyright by reprinting all or a substantial portion of the production, word for word;

— or, by imitating or copying it with colorable alterations. Citing the most important parts of a copyrighted work, with a view not to criticism but to supersede the use of the original work and to substitute the review.^ In determining the question of piracy, quantity, quality and value are regarded. If the selections are made animo furandi, with intent to make use of them for the purpose for which the original author used them, to convey in a different publication the information he imparted,' or to supplant him in his own territory, a small quantity will suflflce to support the charge. If the pirated portion, being substantial, cannot be separated from the original matter without destroying the publication, the whole book will be enjoined—upon the principle of the doctrine of "confusion of goods.''. ^ See Abridge, 1; Compile; Review,3.