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Path: utzoo!linus!philabs!cmcl2!seismo!harvard!talcott!sesame!slerner
From: slerner@sesame.UUCP (Simcha-Yitzchak Lerner)
Newsgroups: net.religion.jewish
Subject: Re: Stolen software & halakha.
Message-ID: <253@sesame.UUCP>
Date: Mon, 5-Aug-85 22:49:12 EDT
Article-I.D.: sesame.253
Posted: Mon Aug  5 22:49:12 1985
Date-Received: Sat, 10-Aug-85 05:03:04 EDT
References: <1768@reed.UUCP>
Organization: Lotus Development Corp
Lines: 40

> *** REPLACE THIS LINE WITH YOUR MESSAGE ***
to save space, I am not includeing the original...

While you don't want a responce of dina d'malchut dina, there are
specific laws protecting intellectual property, and these laws
specifically include software.  It is a theft not only in the eyes
of the law, but you (not personal you) ARE taking away from someone's
parnosa (mine!!).

Aditionaly, the licence agreement is a contract that you accept when
you buy the package, and breaking the seal **in halacha** is an acceptable
kinyan, obligating you to keep the agreement.  The dinim of vows would
thereby aply.

Also, halacha does recognize copywrite concepts, and software is
generaly deemed to fall under this type of restriction.  True, there
is a time limit, but then, even a few years of protection is not the
same as none.

And finally, software vendors DO NOT ship with the expectation of being
robbed (thereby implying they have already given up hope...).  They are
activly fighting it, and are adapting new technology to make it almost
impossible [hardware key/keyring proposal by ADAPSO - more info in
net.micros.pc if you're interested].

In summation, not only would it be a chilul hashem for a jew to steal
software, but this halachic situation would be dubious at best...

Peace

-- 
Opinions expressed are public domain, and do not belong to Lotus
Development Corp.
----------------------------------------------------------------

Simcha-Yitzchak Lerner

              {genrad|ihnp4|ima}!wjh12!talcott!sesame!slerner
                      {cbosgd|harvard}!talcott!sesame!slerner
                                slerner%sesame@harvard.ARPA