[Avodah] ethics outside of Torah

David Riceman driceman at optimum.net
Tue Jun 29 16:52:02 PDT 2010


RMB (citing RET):

<<

:  The[re] is
: controversy about the
: extent of patent/copyright law in halacha...

This is the Shoel uMeishiv's position (see 1:44). He holds that (1)
there is ownership of ideas because of common morality, and (2) that
barring a qinyan, that ownership is eternal, as halakhah recognizes
eternal baalus. Even if secular law sets a horizon for copyright, the
SuM argues that we would be required beyond that -- so we're not just
talking about dina demalkhusa. As you write, it's based upon the notion
that we are obligated to keep contemporary morality. Not just should,
but must do so.

 >>
I'm puzzled by this (perhaps some lawyer on the list will correct me if 
I'm wrong).  AIUI copyright applies not to ideas, but to their 
expression, and patents apply, not to abstract ideas, but to their 
embodiment in a "device" (which causes my boss no end of headaches).  
What word does the SU use for "idea", and in what context does he 
express his opinion? It certainly doesn't seem to exemplify common 
morality as I observe it.

David Riceman




More information about the Avodah mailing list