Ask The Rabbi 9 Sept. 1995 Issue #75 =========================================================================== The Rabbi is Back! Please feel free to submit questions to Ask The Rabbi again. Submissions can be made via E-Mail, fax or regular mail. See below for details. =========================================================================== This edition contains: 1. Copy. Right? =========================================================================== A number of readers submitted the following question in different forms: >Is copying software permitted according to Jewish Law? * * * * * * * * * * Dear Readers, With the proliferation of expensive computer "packages" and the ease of the "drag and drop" copying technique, the temptations of unauthorized copying are certainly great. Your question is often asked and quite timely. When you buy a program, the seller can stipulate any condition he wants. For example, he can say "I'm selling this diskette on the condition that you don't copy it." If after agreeing to this, you then break the condition and copy it, you have nullified the sale retroactively. It comes out that you have been using a stolen diskette. Similarly, when the seller leases the disk, use is limited to the stipulations of the seller, who in fact owns the disk. Another consideration is the knowledge itself. Whether or not the Torah recognizes ownership of something intangible such as knowledge is a matter of dispute amongst the Poskim. Since stealing is a Torah prohibition, one should follow the strict opinion. Furthermore, copying disks damages the seller by cutting profits and infringing on his rightful share of the market. Another consideration is that of Dina D'Malchuta -- the law of the land. The prevailing civil law -- provided it doesn't run counter to Torah law -- is binding. And even without an official law, there's a requirement to abide by the accepted business practice -- which is to respect the entrepreneurial rights of others. This requirement has the force of a T'nai Beit Din or Rabbinical court ruling. A fascinating consideration suggested by some Poskim is the concern for the promotion of public welfare: Since illegal copying cuts the profit margin of the innovator, this may reduce his incentive to invest in further development of this or other products. Such programs may be useful in promoting public welfare -- for example, in the fields of medicine or defense. Interfering with their development would constitute a violation of the "public good." So to answer your question, unauthorized copying of computer "packages" is prohibited, for one or all of the following reasons: Gezel -- stealing Hasagat G'vul -- reducing the developer's rightful share of the market. Mazik -- inflicting monetary damage Ma'avir al Da'at -- violating the developer's stipulations Dina D'malchuta -- violating civil law Minhag -- accepted practice The only time copying might be OK is when it can be assumed that the innovator has absolutely no qualms about someone copying his product. I discussed this point with Rabbi Yosef Shalom Elyashiv, shlita, who limited this to very specific cases where such an assumption is self-evident. Actual cases should be discussed with a Halachic authority familiar with the particulars of the situation. The temptation to use unauthorized copies of programs may be one of the "tests" of the computer era. It might be helpful to post a copy of this issue of "Ask the Rabbi" near the computer as a friendly reminder. Speaking of plagiarism I'm reminded of the following true story: A fourth grade teacher noticed little Robby copying from Kevin's paper during a math test. Breaking the silence she said, "Robby, I don't want to know what's written on Kevin's test." Thinking about that for a moment, Kevin chimed in and said, "So Teacher, why do I have to take the test." Sources: o Birkat Shlomo, by Rabbi Shlomo Teneh, Choshen Mishpat 24. o Mishnat Zchuyot Ha'yotzrim, by Rabbi Nachum Menashe Weisfish. =========================================================================== Do you have a question about Judaism, and don't know where to find the answer? Just "Ask The Rabbi" and you'll get an answer. Ohr Somayach has a staff of Rabbis dedicated to answering YOUR questions. Our Rabbis have researched questions on what Judaism says about Magic, Virtu Reality Minyan, Why Honey and Locusts are Kosher, and Why People Point Pinki Torah. For each question that we answer in the weekly column, DOZENS of ans sent to individuals around the world who also asked questions during that ti Please feel free to avail yourself of this service. Just submit your questi "Ask The Rabbi" and we'll begin researching your answer. If you feel your q is personal, just tell us, and we'll be certain to send the answer only to Y To submit a question, address it to: ohr@jer1.co.il To insure correct handling, set the subject to "ASK THE RABBI" To subscribe to ASK THE RABBI, send the message: sub ask {your full name} to: listproc@jer1.co.il =========================================================================== Spend this Coming Winter Break in Israel for as little as $599 (including airfare from New York) with the Jewish Learning Exchange -> JLE Israel Winter Seminar '95/'96 -> 3 weeks of study and touring (Departure December 21) -> Optional free week Jan 11-18 -> For Jewish men between the ages of 19 and 30 with demonstrated academic achievement and a sincere motivation to explore their roots. For information: send E-Mail to Rabbi Zalman Corlin: RZCorlin@aol.com or call 800-431-2272 / 212-213-3100 =========================================================================== SUBSCRIBE! to one of the many weekly "lists" published by Ohr Somayach Institutions: weekly - Summary of the weekly Torah portion. dafyomi - Rav Mendel Weinbach's insights into the Daf Yomi. ask - The Rabbi answers YOUR questions on Judaism. parasha-qa - Challenging questions on the weekly Torah portion. os-special - All the SPECIAL publications produced by Ohr Somayach. os-alum - "B'Yachad" - the Ohr Somayach Electronic Alumni Newsletter. judaismo - Spanish-Language newsletter on the Parsha & Judaism. There is NEVER a charge for any of the above lists (though your local information provider, such as AOL, Prodigy or CompuServe, might charge a nominal fee). To subscribe to any of these lists, send the message: subscribe {listname} {your full name} to: listproc@jer1.co.il =========================================================================== Dedication opportunities are available for Ask The Rabbi. Please contact us for details. =========================================================================== Jewish L EEEEEEEE Prepared by Ohr Somayach Institutions J L E 22 Shimon Hatzadik Street, POB 18103 J L Exchange Jerusalem 91180, Israel J J L E Tel: 972-2-810315 Fax: 972-2-812890 JJJJ Learning EEEEEEEE Internet: ohr@jer1.co.il =========================================================================== (C) 1995 Ohr Somayach International - All rights reserved. This publication may be distributed to another person intact without prior permission. We also encourage you to include this material in other publications, such as synagogue newsletters. However, we ask that you contact us beforehand for permission, and then send us a sample issue.