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Case: The defendant (=def), a settlement community, decided to give as a present to its few hundred families, magnetic signs with a certain design and the families’ names on them. Their Director of Culture took a picture of a sign in front of family A’s house to a printing press and asked for a similar design (she tried to call that sign’s designer but when she did not succeed, proceeded). Because she did not like the outcome, she approached a designer who worked at a child care center belonging to def and asked her to quickly come up with an alternative. Half an hour later, the designer presented the design for a sign, which had the name and number of pl on the bottom; she took it off a Facebook site of designers. The signs with that design were given out and are now on the doors of many of the yishuv’s homes. Pl is suing for: 450 shekels for use of the design and 50,000 shekel penalty for copyright infringement. Def claims that they are exempt, because, as an entity, they did nothing wrong, and the Director of Culture acted without realizing that anything was wrong with what she was doing (she claims to not have noticed the name on the design and trusted that it was from a legal source).
Ruling: Our assumption is that the Israeli law protecting intellectual property rights (2007) is halachically valid, as was explained in Eretz Hemdah’s ruling #71036. There are three complementary grounds for requiring payment for such infringements: 1) it is a form of theft; 2) the infringer received benefit that he did not pay for; 3) there is an injunction created on behalf of society to discourage people from taking without pay the fruits of the work of others, which de-incentivizes people working to be innovative.
These different grounds are relevant regarding the question of def’s responsibility for the missteps of its workers. While it is not clear if #1 should relate to the workers or def, #2 and #3 certainly relate to def. They are the ones for whom the work was done and therefore who need to insure society that they are doing their part to not abuse the rights of contributors to society. Therefore, def is potentially obligated.
According to par. 58 of the intellectual property law, if the infringer did not know and should not have known that someone had rights to the thing he used, he is not subject to penalty. Can def, by means of its workers, claim to have been naïve? The designer, who works for def, took the design from a Facebook site, and as one who works in the field, must have known that it was the property of the person whose name appears on it. The Director of Culture had planned to take the design done from a specific house, without permission, and so she do did not infringe on rights only by mistake.
Next time we will analyze how the amount def has to pay was determined.
P'ninat Mishpat (829)
Various Rabbis
443 - Unfulfilled Raffle Prize – part IV
444 - Copyright Infringement in Communal Gift – part I
445 - Copyright Infringement in Communal Gift – part II
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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: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 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.
