[Avodah] Copyright redux

[Jacob Farkas]

R' Daniel Israel wrote:
> I don't see it, though.  Correct me if I'm wrong, but the issue
> here is ye'ush, no?  In the zuto shel yam case, first I don't
> expect anyone to find the item in the first place, and even if they
> do, I don't think there is any way that I could find out in order
> to recover it.  So I have ye'ush.  

Zuto Shel Yam is a Mahloqes Rishonim, some say it is because of Yiush, 
others say it is a Gezeiras HaKasuv, that the Torah was mafqir the 
object automatically. Even in a model of Yiush, having no tangible 
control and being unable to recover said object is the very definition 
of Yiush.

> But with internet file sharing,
> I absolutely expect people to "find" the item (that's the whole
> point), and furthermore, I can very clearly declare that I am
> makpid.

"Being maqpid" is a meaningless term in its own. If anything it can be 
used as a description of a bitter person who has no other recourse but 
to be sour about the situation. Having an ability to be Toveiah another 
in Beis Din or Civil Court is a better demonstration of ba'alus.

> In other words, I think there is a very great difference
> between ye'ush because I could never identify who has taken my
> item, and the case where it is just not cost effective to try to
> recover $2.50 from 100,000 individuals.  In the latter case I may
> not bother, but can we really call that ye'ush?  If I require
> payment with the expectation that the %1 of people who are careful
> will pay me, isn't everyone who doesn't do so a ganef?

I don't see a difference. Yiush can be for many different reasons. Being 
deprived of a realistic option of chasing someone down is one form of 
"giving up hope."

--Jacob Farkas