[Avodah] Restricting a broadcast

[Micha Berger via Avodah]

On Mon, Nov 09, 2015 at 04:41:19AM +0200, Ben Waxman via Avodah wrote:
: My question is in a case like this, where a rav is broadcasting on
: two public radio stations, does he have the right to restrict a
: third? ...

We discussed in the past (including last Aug) various models of how to
relate halahah to copyright.
http://www.aishdas.org/avodah/vol33/v33n113.shtml#11

Going down the list, assuming the validity of each shitah in turn (to
see arguments for or against would require going to that link and the
consequent thread):

1- Dina demalkhusa -- it would depend on Israeli law.

2- The Sho'el uMeishiv would give an answer similar to the DDD answer,
except htat since he feels the halakhah is about being at least as
moral as general society rather than following the specifics of the law,
it would also include all of halachic baalus.

3- Is this a source of parnasah? If the third station meant that
ROY wouldn't get the same royalties, eg if it hurt sales of recordings,
hasagas gevul arguments might hold.

4-6- Can't see how it's geneivah, hezeq or chilul hasheim

7- R Asher Weiss's "chamas" argument is much like hezeq, I can't
see applicability.

Notice that the SuM's position ties into another of our discussions.

I'll post it next.

Tir'u baTov!
-Micha

-- 
Micha Berger             It is a glorious thing to be indifferent to
micha at aishdas.org        suffering, but only to one's own suffering.
http://www.aishdas.org                 -Robert Lynd, writer (1879-1949)
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