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The plaintiff (=pl) put artistic work on a Wikimedia website. The foundation allows free access to the works on its site, even to be used in a commercial setting, with two major conditions: users must credit the artist; the user must display the license agreement code, so that the public knows that they too can use the work under the same conditions. The defendant (=def) regularly uses works from Wikimedia and usually credits the artist. He does not usually display the license code, which he did not feel was necessary. Pl caught def using a work of his without credit, complained, and received a few hundred shekels compensation. Recently he caught def doing so again, and is suing for 40,000 shekels as punitive payment.
Ruling: Def accepts the need to credit artists and explained how he failed to credit pl twice. He also started displaying the license code and pledged to be more careful in the future. Pl agrees that he did not incur losses by the infringement on his rights.
Halacha recognizes intellectual property rights, although there are different opinions as to the nature of the halachic basis. There is a difference, though, between safeguarding someone’s rights and penalizing a violator beyond damages. Beit din, since the time when authentic semicha ceased, is not authorized to rule on penalty payments, only on recovering losses, actualizing deserved profits, and the like. While the latter could justify beit din ruling payment of a few hundred shekels, it could not justify more than that.
The Knesset’s revised law on copyright infringement of 2007 enables courts to levy penalties up to 100,000 shekels even if no damage is proven from the infringement. We accept the government’s ability to legislate based on dina d’malchuta dina. This includes areas that regulate monetary issues between individual citizens (and not just between citizens and the state) when the law is within the spirit of the Torah (see K’tzot Hachoshen 259:3). There is no question that the Torah values giving credit to the originator of an idea and even equates not doing so with theft (see Midrash Tanchuma, Bamidbar 27). The Rama (CM 1:5) says that while beit din cannot enforce the Torah’s penalty payments, they may levy penalties made by contemporary rabbinical leadership. The S’ma says that this is within the power of the general leadership to make life livable for the community. The S’ma (2:2) says that it is justified to levy such payments either when an individual consistently violates a certain social norm or when society neglects a certain area of law or behavior, in which case an individual may be made to pay a penalty even if he is not known to be negligent in that area. Copyright law is certainly something that will not be kept carefully if there are no consequences.
The Knesset law gives logical guidelines to help determine the rate of penalty. Since pl did not lose from the infringement, def did not gain (since they only needed to credit and not pay), and because def took steps to prevent such violations in the future, beit din decided not to levy a large penalty. On the other hand, a token fine could encourage future violations and discourage people like pl from going to the significant trouble of protecting their rights in beit din, which is helpful for society as a whole. The balance struck was of a payment of 3,500 shekels.
P'ninat Mishpat (826)
Various Rabbis
193 - Rejection of a Late Request for Appeal
194 - Levying Fines for Infringement on Intellectual Rights
195 - Marriage Involving an Unfit Witness
Load More
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
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.
