[Avodah] Copyright and e-daf

[Zev Sero]

Moshe Yehuda Gluck wrote:

> R' EMT:
>>      And thus I can copy a disc, tape etc., or photocopy an Artscroll
>> sefer, despite the prohibition printed therein, other than dina
>> d'malchusa considerations?
> 
> He's saying that as far as Gezel is concerned, yes. As far as Hasagas Gevul,
> maybe or maybe not.

I don't see how there could possibly be "hasagat gevul" involved either.
You're not making the copy in order to be mean to the author, and hurt
him when you could just as easily not do so.  You're making it because
it's cheaper than buying an original.  That's a perfectly rational
reason to do something.  There is no chiyuv to lose money in order to
be nice to people.

Copyright is not property, it's a monopoly granted to authors by the
will of Congress.  Congress could easily decide one day not to grant
it, and then it wouldn't exist; and they can change it as they like.
And the only reason to obey Congress in this matter is dina demalchuta,
to the extent that that concept applies.  Therefore when Congress has
*not* granted someone a monopoly, and indeed is powerless to grant one
(as in our case), there is no reason to pretend that he has one. 

-- 
Zev Sero               Something has gone seriously awry with this Court's
zev at sero.name          interpretation of the Constitution.
                       	                          - Clarence Thomas