How Wrong?
There are very very few things that I think are probably wrong, but do anyway. Illegal downloads are probably number one on this list. While I recognize that US law forbids it my bigger question is - is it only assur b/c US law forbids it, or is it stealing according to Jewish law. I have discussed it with different rabbis, most come out against downloads according to halacha, the others are undecided.
I think the answer can be seen clearly from Britas and peelers. There is are questions about using both on Shabbat, where we do not use objects designed specifically to separate. I have learned that if you can peel with a knife, and therefore the peeler is simply an easier form that using a peeler is fine. If you can drink the tap water, but enjoy the filtered water more, then using a brita is fine.
Using that manner of deduction...
If I watched the TV shows on the TV at their correct time, I could simply click off the TV at the commercials, or walk away. I could also tape the show, and watch it later fastforwarding the commercials. I could probably borrow my friends taped show without anyone from the US government telling me that it is wrong. So if someone who I do not know tapped the show and is letting me watch it too commercial free at my own time...is that so wrong? If it would be illegal to tape shows then VCR's would not be able to be sold with a the ability to tape straight off the TV...with the TV off...
Now, about software. If my friend has a program that I can not offord or do not want to buy is it illegal for me to go to his house and use his software? Would it be illegal for me to borrow his laptop, bring it to my house and work on my project with his software? Why would it be illegal for him to lend me the software so that he does not have to give up his computer? What about a program that you can download for a month trial. At the end of the 30 days, you can deleted the program, keep the files you've created, and redownload the program - continuing to work on the files past 30 days. So why would it be assur to download someone else's copy?
Lastly, I know you can not make a bracha on stolen food. What about publish Torah on the internet using stolen software?
I bring this all up because in less then 2 hours I will be the proud owner of a downloaded version of Dreamweaver. I am downloading it so I will be able to create a website for the year program I am creating.
I recently had an interesting discussion about downloading and if it is assur or not. The person I was talking to suggested that b/c the companies make so much money and this is a drop in the bucket it can't be assur. I argued that it does not matter if you are stealing a penny from the wealthiest man in the city...you are not allowed to steal. His status has no bearing on your allowance to steal. With that said, I will still continue this download, I will load it on my computer, and I will use it. I will not feel guilty about it. Is that wrong? I can not think of another action that I know is probably wrong, and yet I do it anyway. Does this mean I don't really believe it's wrong, or does it mean that I have the ability to know something is wrong, really want to do it, and therefore do it anyway? Maybe one day I'll be wealthy enough to buy all wonderful programs that I use.
Until then Thank You ADOBE, MACROMEDIA, QUARK & TVTOME.
Note:
assur = illegal according to Jewish Law
halacha = Jewish law
Shabbat = the Jewish Sabbath (Saturday)
britta, peeler thing - too long to get into just here
bracha = blessing
I think the answer can be seen clearly from Britas and peelers. There is are questions about using both on Shabbat, where we do not use objects designed specifically to separate. I have learned that if you can peel with a knife, and therefore the peeler is simply an easier form that using a peeler is fine. If you can drink the tap water, but enjoy the filtered water more, then using a brita is fine.
Using that manner of deduction...
If I watched the TV shows on the TV at their correct time, I could simply click off the TV at the commercials, or walk away. I could also tape the show, and watch it later fastforwarding the commercials. I could probably borrow my friends taped show without anyone from the US government telling me that it is wrong. So if someone who I do not know tapped the show and is letting me watch it too commercial free at my own time...is that so wrong? If it would be illegal to tape shows then VCR's would not be able to be sold with a the ability to tape straight off the TV...with the TV off...
Now, about software. If my friend has a program that I can not offord or do not want to buy is it illegal for me to go to his house and use his software? Would it be illegal for me to borrow his laptop, bring it to my house and work on my project with his software? Why would it be illegal for him to lend me the software so that he does not have to give up his computer? What about a program that you can download for a month trial. At the end of the 30 days, you can deleted the program, keep the files you've created, and redownload the program - continuing to work on the files past 30 days. So why would it be assur to download someone else's copy?
Lastly, I know you can not make a bracha on stolen food. What about publish Torah on the internet using stolen software?
I bring this all up because in less then 2 hours I will be the proud owner of a downloaded version of Dreamweaver. I am downloading it so I will be able to create a website for the year program I am creating.
I recently had an interesting discussion about downloading and if it is assur or not. The person I was talking to suggested that b/c the companies make so much money and this is a drop in the bucket it can't be assur. I argued that it does not matter if you are stealing a penny from the wealthiest man in the city...you are not allowed to steal. His status has no bearing on your allowance to steal. With that said, I will still continue this download, I will load it on my computer, and I will use it. I will not feel guilty about it. Is that wrong? I can not think of another action that I know is probably wrong, and yet I do it anyway. Does this mean I don't really believe it's wrong, or does it mean that I have the ability to know something is wrong, really want to do it, and therefore do it anyway? Maybe one day I'll be wealthy enough to buy all wonderful programs that I use.
Until then Thank You ADOBE, MACROMEDIA, QUARK & TVTOME.
Note:
assur = illegal according to Jewish Law
halacha = Jewish law
Shabbat = the Jewish Sabbath (Saturday)
britta, peeler thing - too long to get into just here
bracha = blessing
posted by 2R at 2:30 AM
4 Comments:
I believe TiVo automatically delets commercials for you..i DL tv shows and i dont think its a problem. music is the question cuz the artists dont make money if everyone downloads their songs
TV is different
Dont try to make it sound like your allowed to download-that will take away half the enjoyment! Anyways, I feel that in Israel we can for sure download cuz its not like we could watch the show on TV...in America its probably assur.
I spent almost $1000 on quark. $400 photoshop and other programs. Do you know why it is so expensive? Because everyone who buys software legally is subsidizing the company for those who bought it illegally.
Intellectual Property Law is very sticky in halakha. Consider a scenario: Reuven is walking down the road, and stops off at his neighbor Shimon's farm. He notices something different about the lay of the land, however. Upon inquiry, Shimon tells him about his new idea, "irrigation." Reuven decides to irrigate his fields...but Shimon demands royalties!
The scope of the halakha, which is the crux of Two Ares' ethical dilemma and causistry (a nice word that basically means "moral logic"), is really a meta-halakhic issue.* What are you Jewish for, and what does halakhic observance stand for, for you? What do you represent? It is clear from the above fable that the halakha does not address intellectual property. So, that means we don't have to respect any intellectual propery rights, correct? We can print books, copy software, movies, music, microchip designs, business models, phone numbers and addresses, etc., since there is no ownership of these things, correct?
Now, does a society function this way? Apparantly, our society does not. Now, a little copying of music here, a little bootleg action there, won't bring down The Man. But you, Two Ares, said that you don't accept the "just a drop in the ocean" argument.
In the end, all arguments that such actions are mutar stem from the idea that the halakha does not address such actions. That also means that insider trading is ok, as is statutory rape. But ask yourself if you respect Martha Stewarts' actions, or if other people do. That may be the answer to "is it wrong?"
*For example, Rambam and perhaps even R' Saadiah feel that the halakhic system is 'merely' a political system meant to govern the Jews, albeit with God's Seal of Approval, kept in the Exile solely in anticipation of the [political] Redemption (to Israel), and that true Avodas HaShem is engaging in Philosophy. If so, then the advent of intellectual property as a viable commercial sphere makes it subject to halakhic regulation comparable with material property.
If you like mystical interpretations of torah law and halakha, then you may feel that respecting property laws is a mundane act that enables no tikkunim or moral good. There's more to be said, but this is long enough for a posted comment.
A final note: upon rereading this post, I seem to come off a little pushy and preachy, but it's almost shabbos, and I have no time to edit it. Since it's only a little pushy, and teensy bit preachy, I'll ask the reader's forebearance. :D
Post a Comment
<< Home