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

 

For the Sake of Gaza, Defeat Hamas Soon

For some time, opponents of U.S support for Israel have been urging the White House to end the war in Gaza, or simply calling for a ceasefire. Douglas Feith and Lewis Libby consider what such a result would actually entail:

Ending the war immediately would allow Hamas to survive and retain military and governing power. Leaving it in the area containing the Sinai-Gaza smuggling routes would ensure that Hamas can rearm. This is why Hamas leaders now plead for a ceasefire. A ceasefire will provide some relief for Gazans today, but a prolonged ceasefire will preserve Hamas’s bloody oppression of Gaza and make future wars with Israel inevitable.

For most Gazans, even when there is no hot war, Hamas’s dictatorship is a nightmarish tyranny. Hamas rule features the torture and murder of regime opponents, official corruption, extremist indoctrination of children, and misery for the population in general. Hamas diverts foreign aid and other resources from proper uses; instead of improving life for the mass of the people, it uses the funds to fight against Palestinians and Israelis.

Moreover, a Hamas-affiliated website warned Gazans last month against cooperating with Israel in securing and delivering the truckloads of aid flowing into the Strip. It promised to deal with those who do with “an iron fist.” In other words, if Hamas remains in power, it will begin torturing, imprisoning, or murdering those it deems collaborators the moment the war ends. Thereafter, Hamas will begin planning its next attack on Israel:

Hamas’s goals are to overshadow the Palestinian Authority, win control of the West Bank, and establish Hamas leadership over the Palestinian revolution. Hamas’s ultimate aim is to spark a regional war to obliterate Israel and, as Hamas leaders steadfastly maintain, fulfill a Quranic vision of killing all Jews.

Hamas planned for corpses of Palestinian babies and mothers to serve as the mainspring of its October 7 war plan. Hamas calculated it could survive a war against a superior Israeli force and energize enemies of Israel around the world. The key to both aims was arranging for grievous Palestinian civilian losses. . . . That element of Hamas’s war plan is working impressively.

Read more at Commentary

More about: Gaza War 2023, Hamas, Joseph Biden