Druckschrift 
The internet revolution and Jewish law / edited by Walter Jacob
Seite
163
Einzelbild herunterladen

Intellectual Property in the Digital Age 163

10. A very long and complete statement of prohibitions appeared in the responsa collection Torat Emet(Aaron Sason, Venice 1626) which tried to prohibit printing anywhere without the author's permission.(Otzar Yisrael). Some Ezekiel Landau in 1778 seet a copyright for 20 years, others forl5 years(1799) and used the herem to threaten the purchase or the printer.

11° Other authors or printers sought different routes; one author in 1807 did not seek a herem, but appealed to both the religious and non-religious Jews to preserve the copyright of the author- basing himself not only on the talmudic injunctionnot to move boundary stones(hasagot gevul) and the common desire for justice. It was a quotation also used by rabbinic authorities. In northern Europe by the mid­eighteenth century, the authorities generally agreed on protection with our without a herem for a period of six or ten years so Sha-agat Aryeh printed in 1746 (Amsterdam ) and 1756(Frankfurt a.0.).

12. For a discussion of aspects of this controversy see David Nimmer In the Shadow of the Emperor: The Hatham Sofers Copyright Rulings and Nimmers numerous other writings on copyright. For a series of examples on the negative aspects of copyright, see Michele Boldrin and David K. Levine , Against Intellectual Monopoly, Cambridge, 2008; many other sources are cited there.

13. This was discussed and expanded in the Talmud and the later codes, but there not applied to written material(B.M. 60a-b; B.B. 21b; Shulhan Arukh, Hoshen Mishpat 156.5; Shulhan Arukh Yore Deah 245.22.)

14. Austria and Prussia also raised the issue of religious interference with commerce which lay in the jurisdiction of the state, not religious groups. The older system of semi-self-government continued in Russia which had not emancipated its Jewish population. Nahum Rakover dealt with this period well in his Zhut

Hayotzrim bamekorot hayehudiyim

17. Kupah could refer to the general communal treasury and was often designated as kupah shel tzedakah. Tamhui means basket.