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שו”תCategory: HalachaBooks on Telegram
asked 5 years ago

Hello [the] Rabbi.
In your opinion, is it permissible to read scanned books that were published, presumably, without the consent of the authors or publishers?


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מיכי Staff answered 5 years ago
In my opinion, no. This is the use of stolen property. On information as property, see my articles in the following areas: 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 Although it is possible to discuss the law of the sea (I once saw Rabbi Lior permit it on this basis), in my opinion it is forbidden. “Lies like you have conquered it.”

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דוד replied 5 years ago

Should I allow it when I bought the book, and I use the scan when the book is not nearby?

מיכי Staff replied 5 years ago

definitely.

לולבון replied 5 years ago

Rabbi, even if this is halakhically permissible, shouldn't it be prohibited for moral reasons?

מיכי Staff replied 5 years ago

definitely

דוד replied 5 years ago

In the same vein, is it permissible to lend a book to a friend? If so, am I subject to a debate?

מיכי Staff replied 5 years ago

Really confused about this. Good question. But this question exists even without assuming that there is a prohibition on stealing. Even according to the methods of the poskim, which say that there is trespassing or violating a boycott, etc., what is the difference between asking and copying? I think the difference is that when you copied, you took another copy with you and that is stealing. When you ask and read, it is another use of that copy, which is not prohibited. And even if you copy, read and destroy, when you copied, you stole.

אורן replied 5 years ago

I wanted to suggest that when selling a book in any medium (hard copy or digital), the seller only allows the buyer to use it in the usual way. That is, if the seller sold a hard copy book, he does not allow use digitally unless you also buy the digital book, and vice versa. And as for lending a book, this is part of the accepted permissions for use in a hard copy.

אורן replied 5 years ago

This reminds me of the story of the American Monsanto Corporation (recently acquired by Bayer) that developed genetically engineered crops such as corn and soybeans and patented them. It sold farmers seeds of the improved crop, but the license for use prohibited the farmers from using the seeds that would grow in the next crop cycle after their initial harvest. In other words, every time they wanted to sow, they had to buy new seeds from Monsanto (even though they already had Monsanto seeds in their fields - only the license did not allow them to use them). Moreover, if some of the Monsanto seeds were blown by the wind and reached a neighboring field and grew there, the owner of the neighboring field was not allowed to use the seeds or the crop in any way. Monsanto also enforces their license restrictions with a fleet of detectives and investigators, and those who violate the terms of use are sued by Monsanto with another fleet of lawyers, and it is difficult for the average farmer to defend himself against this. You can see some of this in the Food INC film or in this YouTube clip:

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