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Dina Demalkota Dina

שו”תCategory: HalachaDina Demalkota Dina
asked 6 years ago

The rabbi recently answered someone here that in financial matters, even according to Halacha, what determines this matter is the law.
My question is what happens when, according to Halacha, a thing is not owned by a person, but according to state law, it has intellectual property?


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מיכי Staff answered 6 years ago
Same thing. Owners who are accepted in society benefit from the law of situmta, but without the law of demalkuta. And certainly when there is a law of demalkuta. In the margins, I will only note that there is a disagreement among the Rishonim regarding situmta in a matter that never came into existence (because perhaps according to the substantive law, it was not purchased, and not because of one way or another of acquisition, which is a matter of agreement).

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מיכי Staff replied 6 years ago

Regarding intellectual property, in my article I showed that the halakha also recognizes this, even without Dina Demalkuta:
https://mikyab.net/%D7%9B%D7%AA%D7%91%D7%99%D7%9D/%D7%9E%D7%90%D7%9E%D7%A8%D7%99%D7%9D/%D7%92%D7%A0%D7%99%D7%91%D7%AA-%D7%93%D7%A2%D7%AA-%D7%95%D7%A7%D7%A0%D7%99%D7%99%D7%9F-%D7%A8%D7%95%D7%97%D7%A0%D7%99

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