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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 (825)
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: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.