[Avodah] Copyright and Dina deMalkhuta

[Jacob Farkas]

R' Arie Folger wrote:
> Numerous posters have recently discussed the applicability of DDD (Dina
> deMalkhuta) to copyright legislation, specifically as it applies to
> downloading copyrighted multimedia material. Others suggested that 
> perhaps downloading is allowed based on a number of arguments.
> 
<snip>
> The net result of the above is that, most likely, the Ran's position on
> whether DDD applies in EY is irrelevant to copyright. However, copyright
> legislation most likely involves the creation of a new, artificial 
> right, as copying an intellectual work doesn't involve depriving someone 
> of his property (the legal literature, especially on the US 
> constitution, talks a lot about this aspect of intellectual property 
> legislation). Copyright legislation says that what would be permitted 
> under a doctrine of natural rights or whatever, now requires the 
> consumer to pay the rights holder. In my opinion, this is resembles 
> "taking from one to give the other" quite a lot, although the matter may 
> not be clear cut.

Copyright legislation does indeed create an artificial right, it assigns 
ownership to an intellectual entity, and allows for civil damages to be 
paid to those who infringe unlawfully on someone else's Intellectual 
Property. Downloading and file-sharing are activities that meet the 
infringement criteria.

While I personally find the current laws to be quite extreme in the 
application (and time-limitation issues) of copyrights, the fact of the 
matter is that the entity does exist, whether it harms the copyright 
holder or not. I agree that Dinei Torah alone would not apply the same 
limitations, and perhaps only limit copyright to where the owner is 
being shortchanged, and his livelihood is at risk.

> Thus, the question of in what measure copyright legislation is 
> halakhically binding is a good one, not easily resolved, and dependent 
> perhaps on the power of the 7THI. If so, it might also involve a kind of 
> goodness test, to determine whether the law really does bring the 
> optimal benefit to the public or not.

Would this question be appropriate according to the Rishonim who view 
DDD to be either derived from Hefqeir BD Hefqeir, or self-obligation by 
citizenry to live according to the laws of the land?

> IOW, life is complex and halakhah doesn't blindly accept whatever a 
> government wants it to swallow. BH. This way halakhah remains a moral 
> compass.

The government itself is only acting on behalf of the creators of 
Intellectual Property. It doesn't seek to be oppressive to individuals 
per se, its copyright laws are influenced by those who have a lot to 
lose if these restrictions are less severe.

What is the value of a moral compass that points in different 
directions? [Asking with respect]

--Jacob Farkas