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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 the designer of that sign, but when she did not succeed, she proceeded). Because she did not like the result, she approached a designer who worked at a child care center belonging to def, and asked her to quickly come up with an alternative. The designer took a design for a sign off a Facebook site for designers; the design had pl’s name and number on the bottom. This was used for signs that 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 should be exempt, because, as an entity, they did not do anything wrong. The Director of Culture acted without realizing what she was doing in this regard (she claims to not have noticed the name on the design and assumed it was from a legal source). Pl also asked that the signs be collected because they were done with poor quality, which reflects badly on her.
Ruling: [Last time we saw that def is obligated to pay pl for infringing on her intellectual property rights through the actions of their employees on their behalf.]
Beit din accepts pl’s premise that the low quality of the signs is damaging to her reputation. However, it is not practical to try to collect all of them from a great number of homeowners, who are not a direct party to this case. Instead, beit din requires def to distribute the letter that is an appendage to the ruling, which explains the situation. If pl wants to use some of the award to replace the signs with improved ones, she may do so.
The law allows for payment of up to 100,000 shekels without proof of damage for intellectual property infringement. Par. 56b lists factors that are recommended to impact the amount paid, which we will list and apply to our case. 1) The scope of the infringement (e.g., number of copies) – small, only a few hundred copies. 2) Amount of time infringement went on – a year. 3) Severity of infringement – mixed. It was done intentionally, but it was not done by someone who operates in the same field as the owner of the rights. 4) Level of loss – only 450 shekel, estimated that def would have had to pay pl for rights in the first place. 5) Gain by violator – again, 450 shekels. 6) Nature of violator’s activities – not involved in the field. 7) Level of awareness of violation – aware.
Based on the above analysis, we obligate def to pay pl 4,500 shekels.
P'ninat Mishpat (829)
Various Rabbis
445 - Copyright Infringement in Communal Gift – part I
446 - Copyright Infringement in Communal Gift – part II
447 - End of a Rental
Load More
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 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
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 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.
