By Rabbi Meir Orlian | |||
#246 |
Mishpatim |
26.01.2015 |
N/A |
We have seen various halachic, legal and technical aspects of copyrights and patents.
There are two fundamental approaches in the poskim towards this issue. Some maintain that halacha recognizes ownership of intangible, intellectual property. Thus, there is an element of theft when using copyrighted material in a restricted manner. This would limit even copying for personal use in certain cases and provides a broader base for liability of one who copied. It would also prohibit violating a gentile's copyright, in addition to the concern of chilul Hashem.
Others maintain that halacha does not recognize ownership of intangible IP. According to them, the primary concern of copying is commercial infringement, hasagas gevul, where there is significant financial loss for the owner. Nonetheless, since copyrights is an established, contemporary issue, with legal rules and professional practices – restrictions of dina d'malchusa and minhag hamedina would often apply, although permission for "fair" or "educational" use is usually permitted in this context. Even according to this opinion, it is generally considered morally improper to violate someone's copyright. Furthermore, some apply the concept of shiyur b'mecher (limitation of sale) where the owner specifically restricted usage for copying.