[Avodah] Software license limited to one country?

[Micha Berger]

On Wed, Oct 14, 2009 at 06:01:40PM +0200, Daniel Eidensohn wrote:
: Would appreciate some legal/halachic advice

Speaking as moderator, I've been rejecting posts that only address the
legal end and asked the posters to redirect to Areivim.

: I am interested in purchasing a computer program from a licensed dealer 
: in America. However I just spoke to a representative of the company and 
: he said that the license is valid for using the program only in the 
: country of purchase...

: Am I required to comply with this licensing agreement - which doesn't 
: apply to any other computer program I have ever bought? Other programs 
: have such conditions as I must purchase a different copy for each 
: computer or that I can't use it for commercial purposes - but none limit 
: my geographic use.

As I see it, the question can be explit into:

1- Does dina demalkhusa dina (DDD) apply?

1a- Does it make a difference whether the DDD is only within choshein
    mishpat property law, or also includes national security law?

    Does the program contain any encryption/decription abilities (eg
    used in storing passwords) that the US does not permit to be exported?

2- Are there non-dina demalkhusa dina (DDD) problems with using a program
   outside the license agreement?

   Assuming you wouldn't buy a copy at the higher local price, is it zeh
   neheneh vezeh lo chaseir?

As is usual when this issue arises, I refer the chevrah back to my notes
of a shiur by R Zev Reichman then of the YU's Kollel Elyon, speaking at
an OU lunch-and-learn program, posted at
<http://www.aishdas.org/avodah/vol07/v07n058.shtml#04> and
<http://www.aishdas.org/avodah/vol07/v07n058.shtml#13>.

Among the issues closer to my heart right now are:

1- Item #2 on the second post, the huge chiddush of the Sho'el uMeishiv
(1:44) that the Torah would require us to protect any rights that
the surrounding society protects. This is beyond DDD because he
applies halakhah's notion that baalus is eternal, even if DDD has
a deadline. Thus, if society recognizes copyright as an ownership,
halakhah would require an eternal copyright.

I wonder what that would do patent law...

2- Risking possible chilul Hashem.

Tir'u baTov!
-Micha

-- 
Micha Berger             I long to accomplish a great and noble task,
micha at aishdas.org        but it is my chief duty to accomplish small
http://www.aishdas.org   tasks as if they were great and noble.
Fax: (270) 514-1507                              - Helen Keller