Does being on a public street but standing in the shade of a private building constitute theft of comfort?
I was at a outdoor concert in Tempe that was not free that was overlooked by an condo building. On the balconies of this condo there were people watching the concert for free. Were these people on the balcony stealing from the bands or just enjoying the benefits of the advantageous position of their private property or were they obligated to wear blindfolds and earplugs?
If the balconies were there before the concert was scheduled, then those involved in the concert promotion were aware of the issues. They could have put up some sort of wall or partition, should they have wished to do so.
On the other hand, let's say that there was an empty lot there instead. What if the person who owned that lot decided to put up bleachers, in order to allow himself and others to enjoy the "concert?"
Mark