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How Jewish Law Came to Recognize Copyright

Aug. 23 2016

In From Maimonides to Microsoft: The Jewish Law of Copyright since the Birth of Print, Neil Netanel explains how the invention of the printing press led rabbinic scholars to devise a concept of intellectual property, and how this concept has developed in halakhic thinking since then. Roberta Rosenthal Kwall writes:

Netanel’s book . . . demonstrates how the halakhah of copyright has been influenced by historical and cultural factors operating both within and outside the Jewish community. As Netanel tells it, rabbis in Rome issued their first known ban on reprinting books in 1518. In some ways, the earliest bans mirrored the papal bans and secular book privileges then in vogue. (The book privileges allowed recipients a monopoly over the printing and publishing of a book for a designated period of time.) . . .

In fashioning their bans, however, the rabbis . . . drew heavily from traditional Jewish sources. . . . This influence is evident in the first ban’s emphasis on talmudic injunctions against encroaching on another’s livelihood. (The secular book privileges, by way of contrast, emphasized the sovereign’s discretion to reward deserving subjects.) . . .

[Nevertheless], the rabbinic ban represented, according to Netanel, a “bold halakhic innovation.”

Read more at Commentary

More about: Halakhah, Jewish history, Law, Religion & Holidays

The Summary: 10/7/20

Two extraordinary events demonstrate something important about Israel’s most fervent adversaries. One was a speech given at something called The People’s Forum (funded generously by Goldman Sachs), which stated, “When the state of Israel is finally destroyed and erased from history, that will be the single most important blow we can give to destroying capitalism and imperialism.”

The suggestion that this tiny state is the linchpin of a global, centuries-old phenomenon like capitalism goes well beyond anything resembling rational criticism. Even if Israel were guilty of genocide, apartheid, and oppression—which of course it is not—it would not follow that its destruction would help end capitalism or imperialism.

The other was an anti-Israel protest that took place in front of New York City’s Memorial Sloan Kettering Cancer Center, deemed “complicit” in Israel’s evils. At organizers’ urging, participants shouted their slogans at kids in the cancer ward, who were watching from the windows. Given Hamas’s indifference toward the lives of Gazan children, such callousness toward non-Palestinian children from Hamas’s Western allies shouldn’t be surprising. The protest—like the abovementioned speech—deliberately conveyed the message that Israel is the ultimate evil and its destruction the ultimate good, cancer patients be damned.

The fact that Israel’s adversaries are almost comically perverse does not mean that they can be dismissed. If its allies fail to understand the obsessive and irrational hatred that it faces, they cannot effectively help it defend itself.

Read more at Mosaic