The Introduction of Intellectual Property Protection
The principle which governed intellectual creativity within Judaism was that it was a gift of God and should be freely shared. Within the Jewish realm these discussions centered around books rather than the myriad of other creations which could be protected. Intellectual efforts were recognized and praised, but they were not to be translated into riches. There is no basis for any kind of payment for intellectual effort in biblical and classical rabbinic Judaism . Study and teaching were considered mitzvot and everyone’s duty. If new ideas came through such concentrated efforts, they were praised, but nothing more. When the Talmud (Ned 37a) discussed this matter, it quoted the verse originally directed to Moses ,“And God commanded me to teach you”(Deut 4.14) and went on to state“I, the Lord , taught you without pay(behinam), so you must teach without payment.” Therefore virtually every scholar and teacher throughout the rabbinic period had another profession through which he earned his livelihood. The
community in appreciation might try to ease that path by patronizing his shop or helping his efforts in some other way such as providing a partial monopoly, but there was no direct payment.
This was of course, somewhat counter-productive as the gifted scholar spent valuable time tending his crops or store. So eventually compensation for intellectual efforts became permitted. Compensation for teachers began under the guise of making up for time lost from his actual livelihood(Ned 37a, Kid 16b , B.M. 68b). The scholar R. Berab Ishmael categorized such payments as compensation for lost time(s char betel on hem notlin). It took some centuries before this path became completely accepted. Another way of justifying a salary Was by stating that these teachers also looked after the children beyond teaching them, or by claiming that the rabbis who taught and made legal decisions had no time to devote himself to other means of Supporting himself and his family(Ber 29a). Basically it was based