[Avodah] ad blockers

Micha Berger via Avodah avodah at lists.aishdas.org
Mon Mar 7 12:16:42 PST 2016


On Fri, Feb 26, 2016 at 07:53:59AM -0500, Akiva Miller via Avodah wrote:
: R' Saul Newman asked:
: > 3-- if there is an additional fee generated to the website if i
: > click on the ad, would they claim that lechatchila i should be
: > clicking on everything, or is that shev v'al taaseh?
: 
: Not even shev v'al taaseh. They are hoping to get the click fee, but
: there's no requirement to do so, and all parties agree to that.

Again, y'all are asking if ignoring the ad costs the vendor money.
I am arguing, and as is evidenced by the pop-up that started the
conversation, the ad is a tenai the vendor attaches to reshus to
look at use of his material.

And therefore if copyright law is based on hasagas gevul a lack of
profit element to the ad or the viewing would be relevant.

If it's DDD, well, the gov't does not really enforce any laws about
ad blocking, so it would be mutar with or without a loss to the
web site owner.

If somoene does something that if done by everyone would ruin the web
site's business model, and thus damage the owner's parnasah, R' Asher
Weiss would probably call it chamas, dor hamabul style. (When everyone
stole less than a shaveh perutah, and therefore there was no geneivah.)

The Sho'el uMeishiv grounds copyright law in actual intellectual property,
so the web site owner can give you soething al tenai, and if you violate
the tenai, it's geneivah.

Tir'u baTov!
-Micha

-- 
Micha Berger             With the "Echad" of the Shema, the Jew crowns
micha at aishdas.org        G-d as King of the entire cosmos and all four
http://www.aishdas.org   corners of the world, but sometimes he forgets
Fax: (270) 514-1507      to include himself.     - Rav Yisrael Salanter



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