Jump to navigation Jump to search
==For Personal Use==
# Many poskim hold that it is stealing to copy someone else’s intellectual property or copyrighted material.<ref>Mishnat Yehoshua cites Igrot Moshe 4:40:19, Rav Elyashiv (Mishnat Zchiyot Hayotzer ch. 18, Emek Hamishpat), Teshuvot Vhanhagot 1:829, Netsiv in Meishiv Dvar 24, Minchat Yitzchak 9:153, and Shevet Halevi 10:276 forbid copying copyrighted materials because it is stealing intellectual property. Even though the law isn't enforced and many people copy the copyrighted materials that doesn't permit it since according to these poskim copying intellectual property is stealing which is forbidden even if many others do it. Mishnat Yehoshua p. 154 quotes Rav Asher Weiss as holding that it is stealing to violate a copyright. This is also implied from Rav Shimon Schkop b"k siman 1. This is also the conclusion of Piksei Din of Yerushalayim Mamonot Ubirurei Yuchsin v. 13 p. 293. Yabia Omer CM 7:9 implies that he accepts ownership of intellectual property.
* How is it possible for it to be stealing if intellectual property isn’t tangible? Mishnat Yehoshua p. 130-1 suggests two answers. First, the Maharshal responsa 36 writes that one can’t buy something not tangible if it will later become tangible but something that always is non-tangible one can buy. Second, intellectual property is a product of a person’s mind which is tangible and so it is considered something tangible. Rav Asher Weiss (cited by Mishnat Yehoshua p. 154) holds it is possible to own intellectual property since it is a product of a person and it is no different than how a person owns the products of his field. </ref> Accordingly, it is forbidden even for personal use.<ref>Based on this approach Mishnat Yehoshua p. 153-4 writes that it would be forbidden to violate the copyright of a non-Jew since it is stealing. Additionally, it would be forbidden even for personal use. Lastly, it would be forbidden to copy even if it is a derivative source and not the original ones sold.
* Shraga Hameir 4:77 forbids copying even one page even for personal use without permission. Practical Laws of Money p. 122 quotes Rav Elyashiv, Rav Moshe, Rav Zalman Nechemya Goldberg, Mishpat Shlomo 3:10, Rabbi Yehoshua Neuwrith, and Rabbi Benayhu Dayan (Divrei Benayahu 4:35) as holding that it is forbidden to copy copyrighted material even for personal use.</ref> Many other poskim hold that it isn’t actual stealing since intellectual property isn’t something tangible. Rather it is forbidden to commercial violate a copyright but for personal use it would be permitted to copy a small portion of something copyrighted.<ref>

Navigation menu