Tag Archives: beit yitzchak

Intellectual Property: When Halacha Has to Deal with New Categories

It is always fascinating to see how poskim deal with issue, concepts, and categories that are new to Halachic discourse. They have many options at their disposal – they can integrate them, ignore, them, or find precedent to explain why they are not new at all. One telling example is the question of intellectual property and copyright law. Classically, Halacha recognized ownership of tangible objects. The paradigm of stealing was the case of a weapon being stolen out of someone’s hand. Ideas were not owned. Even more than that, it was often acceptable to copy others ideas – it was a sign of respect. For example, the fact that a large majority of Chiddushei HaRashba and Ritva copy the Chiddushim of the Ramban is a sign of the prominence of the Ramban, even when they don’t cite him directly.` However, when the outside world started recognizing a notion of intellectual property, poskim had to decide how to respond. Continue reading Intellectual Property: When Halacha Has to Deal with New Categories

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