By Rabbi Meir Orlian | |||
#224 |
Ki Teitzei |
16.09.2014 |
N/A |
Q: Does halacha also prohibit copying a program or book produced by gentiles?
A: The Shulchan Aruch rules that stealing from non-Jews is prohibited. (C.M 348:2; 359:1) Thus, according to the opinion that halacha recognizes ownership of intellectual property and that one who copies illegally is stealing from the owner – the prohibition to copy clearly applies also to the intellectual property of gentiles. [Even according to those who define the prohibition as "benefitting" against the owner's will, such benefit is also a subset of theft, and prohibited.]
According to the opinion that halacha does not recognize ownership of intellectual property and that the prohibition to copy is based primarily on hasagas gevul (intrusive competition), this prohibition would not apply to gentile works. [Many authorities maintain, though, that it applies to a non-observant Jew.] Nonetheless, in practice it is still prohibited to copy illegally. Halacha recognizes the gentile's rights in accordance with common law, based on dina d'malchusa and the common commercial practice. Furthermore, copying illegally can lead to chilul Hashem. [Moreover, Jews may have shares in the company, so that the company's financial loss affects them.]
(Emek Hamishpat, Zechuyos Yotzrim, Intro. 3:51-54; ch. 35:206)