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The plaintiff (=pl) published an improved edition of a classical sefer, inserting vowels, punctuation, and footnotes, fixing the text by comparing 16 editions, adding translations of passages from Ladino, and "opening up" acronyms. He claims that the defendant (=def) copied and published an essentially identical edition with small additions, which reduced pl’s market. Pl demands that def stop sales and publication of the sefer and pay damages. Def says that while he was aided by pl’s edition, so did pl use 16 editions. He denies using pl’s work on a wholesale basis and claims that he hired his own grammatical expert (who refused to testify).
Ruling: [Without getting into details,] professionals confirmed that def copied straight from pl’s edition and then added in changes to "cover his tracks." Pl demonstrated how his work is qualitatively different from previous editions, whereas def’s edition has only cosmetic changes.
Are there copyright rights in regard to improved editions of old books? Let us consider the source of such rights in general. The Chatam Sofer writes that the prohibition on infringing on a sefer’s author’s rights is a special institution so that those who are involved in a mitzva are not harmed. He also points out that a Jew who tries to remove his counterpart from a job he began is called a wicked person, where the following Rama (Choshen Mishpat 386:3) provides classical precedent. Reuven lent money (to a non-Jew) with interest and Shimon convinced the borrower to return the money and borrow from Shimon. While the Rama says that Shimon does not have to pay, he says that he is called wicked. This is all the more so in our case where pl is an avrech whose main livelihood is from sales of his work, and they have been significantly reduced since def’s edition came out.
The Chatam Sofer (Shut CM 79) addresses a similar case of someone who published a previously written work and explains why other people are forbidden from putting out similar editions. While it is not naturally forbidden, it is logical to forbid it because he relies on the expectation that others will not come and cut into his sales. The Pitchei Choshen (IV, 9:2) wonders whether that assumption applies in our time when seforim are republished on a regular basis. However, the limited scope of the prohibition applies only to a simple reprinting, not to one which qualitatively improves the old edition and then someone "steals" the additions.
The Shoel U’meishiv (I, I, 44) says that an original author has exclusive rights, based on hasagat g’vul (the rules of encroachment), to publish for as long as he wants, even without rabbinical bans that are often added. The reason time limits on the ban used to be given is because after the author sells his stock he is happy that others spread his work. In the case of reprinting old works, assuming inheritors cannot be identified, one who prepares it for publishing can forbid others from essentially photocopying that which he did.
Therefore, def cannot print or sell any more volumes. Pl is willing to buy outstanding copies from def at price value, and def must reimburse pl a reasonable amount for past damage.
P'ninat Mishpat (829)
Various Rabbis
177 - Paying a Ketuba Before Divorce
178 - Encroachment Regarding Publishing
179 - Testimony After He Quits the Case
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P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
