How Jewish Law Came to Recognize Copyright

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

 

What a Strategic Victory in Gaza Can and Can’t Achieve

On Tuesday, the Israeli defense minister Yoav Gallant met in Washington with Secretary of State Antony Blinken and Secretary of Defense Lloyd Austin. Gallant says that he told the former that only “a decisive victory will bring this war to an end.” Shay Shabtai tries to outline what exactly this would entail, arguing that the IDF can and must attain a “strategic” victory, as opposed to merely a tactical or operational one. Yet even after a such a victory Israelis can’t expect to start beating their rifles into plowshares:

Strategic victory is the removal of the enemy’s ability to pose a military threat in the operational arena for many years to come. . . . This means the Israeli military will continue to fight guerrilla and terrorist operatives in the Strip alongside extensive activity by a local civilian government with an effective police force and international and regional economic and civil backing. This should lead in the coming years to the stabilization of the Gaza Strip without Hamas control over it.

In such a scenario, it will be possible to ensure relative quiet for a decade or more. However, it will not be possible to ensure quiet beyond that, since the absence of a fundamental change in the situation on the ground is likely to lead to a long-term erosion of security quiet and the re-creation of challenges to Israel. This is what happened in the West Bank after a decade of relative quiet, and in relatively stable Iraq after the withdrawal of the United States at the end of 2011.

Read more at BESA Center

More about: Gaza War 2023, Hamas, IDF