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[In Parashat Eikev, we saw the analysis of the Beit Yitzchak (Shmelkes) on the question of copyright on books on Torah subjects. Rav Shmelkes was uncertain if halacha forbids reprinting without permission where the law of the land and the bans of great rabbis do not preclude it. We will see that Rav Nathanson, Rav Shmlekes’ predecessor as Rabbi of L’vov, had a stronger belief in the innate nature of intellectual property law. One of the fascinating things about the responsum is that the Shoel U’Meishiv cites no outright classical sources on the matter and did not feel a need to give an exact halachic framework of the rights. The responsum is a critique of the ruling of the rabbi who sent him the question, Rav Shmuel Waldberg.]
The question about which you ask for my input refers to a dispute about the publishing of the Yoreh Deah section of Shulchan Aruch with the commentaries of the Pri Megadim, Chavot Da’at, and Pitchei Teshuva. You ruled that the first publisher cannot prevent the second publisher from reprinting old commentaries. Regarding the new Pitchei Teshuva, you said it is forbidden only if the author received authority from the government to publish, in which case dina d’mlachut (the law of the land) applies. The first publisher claims to have bought the rights from the author, but you said that the author cannot sell more rights than he has, and the fact that he published the book the first time (1836) without writing that it is forbidden to republish means that the author no longer has authority.
What you wrote does not make sense. An author who publishes a certain amount of books because he does not know how much demand there will be certainly maintains the sole rights to republish. Even regarding technical inventions, for example, Reb Avram Yaakov of Harovshuv received payments throughout his life from the Kaiser in Warsaw for the machine he invented. Could our words of Torah be of lesser value than the machine? [Ed. note- It is not clear why the concept of teaching Torah for free does not weaken the comparison]. It is clear that authors have can keep their rights for as long as they want, including for future generations, just that most authors want others to strive to publicize their works after they have succeeded in selling off that which they originally published. The Pitchei Teshuva did an important service that many are in need of – collecting many different opinions – and he can keep his rights or sell them.
The fact that the Pitchei Teshuva did not write a ban on the reprinting of his sefer is due to the fact that the Russian government does not allow such bans, and applying for their authorization runs the risk of falling prey to the censor. Even the idea of limiting the rights to within one country is wrong, as that distinction applies only to publishers of classical seforim, not those whose authors are alive.
Those who give proper approbations to seforim do not need to invoke bans. It is more than enough to remind people of what the Torah says – that one should not be masig g’vul (encroach upon others’ property). [He continued to discuss anecdotes about several publications.]
P'ninat Mishpat (829)
Various Rabbis
301 - Competition Between the Licensed and the Not Licensed
302 - Intellectual Property Rights Revisited
303 - Backing Out of the Sale of Wine Due to Non-Payment
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
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.
