So if I leave my bag on the back of my chair in a crowded pub, enabling you to take it, that's not theft because I could have put the bag under the table where you couldn't get to it?
if you leave your bag on the back of a chair in a crowded pub, and i take a copy of the bag leaving you with the original bag and contents its not theft.
if you leave your bag on the back of a chair in a crowded pub, and i take a copy of the bag leaving you with the original bag and contents its not theft.