[Avodah] Copyright Law and Aruch haShulchan

[Micha Berger via Avodah]

On Fri, Jan 27, 2017 at 02:49:55PM -0500, Zev Sero via Avodah wrote:
: First of all, since when can one place issurim on an intangible
: item? Can one forbid others from hearing one's voice?

One can forbid others from getting any hana'ah from you. That's the
textbook case, in fact.

: Second, Torah is Morasha Kehilas Yaacov.  So it would seem the only
: way one's chidushim could belong to one is if they are true
: chidushim, IOW not Torah.

This sevara did come up in previous discussions of halakhah and copyright,
since sefarim are the most common cases to come under discussion.

It could apply to the words, ie the choice of presentation format,
rather than the ideas.

But in any case, to the AhS this line of argument doesn't apply. Perhaps
related is the fact that EY is both a matanah and a morashah -- venasati
osahh lakhem morashah (Shemos 6:8). And about the Torah "ki leqach tov
nasati lakhem".

The real question would be finding an alternative reason why the Rambam,
the Baal haMaor, and the other examples in the AhS thought they can be
mashbia someone else about how to treat their seifer.

Tir'u baTov!
-Micha

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Micha Berger                 Time flies...
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