[Avodah] Copyright and Dina deMalkhuta

[Arie Folger]

Reb Jacob Farkas wrote:
> 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?

If DDD flows forth from Hefqer BD Hefqer (HBDH), we now enter the murky 
question of under what circumstances HBDH can be pronounced at all and by 
whom ('Hatam Sofer suggested only a BD of the likes of Rabbi Ammi and Rabbi 
Assi, though he subsequently relaxed that under certain conditions). The 
issue is even thornier in our case, where the HBDH isn't general, but in 
favor of a particular person. That is the issue I mention as being a 
debatable power of 7THI.

> 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.

Exactly. The goverments have created artificial rights, meaning the transfer 
of property from one party to another, and it is legitimate to ask under what 
circumstances what kind of government hasthe power to enact such things from 
the perspective of Halakhah.

> What is the value of a moral compass that points in different
> directions?

That is the whole point: our moral compass (Torah) allows us to test whether a 
society is veering off the acceptable into the moral wilderness in order to 
serve particular interests. We can then critique the wrong states of affairs.

Good Shabbos,
-- 
Arie Folger
http://www.ariefolger.googlepages.com