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Burning CDs
One of the most relevant instances of intellectual property in today’s world is with respect to technology which allows the copying of music CDs. Most legal systems all around the world have adapted themselves to ensure the rights of the rights of the artists would be protected. However, how would Talmudic Law relate to such an instance?
According to the approach based on Dinei Demalchuta Dina, Talmudic Law will be the same as the law of the jurisdiction in which the copying has taken place, which is different in many countries today.
According to the approaches based on both undue competition and the laws of enjoyment, burning CDs would seem to be illegal. However, in a case in which a person burned a CD that he knows he would have never bought, there would be no loss of enjoyment or undue competition. Therefore, in such a case, one might argue that these approaches would not make the copy of CDs illegal. On the other hand, since such a standard is extremely subjective, one might argue that in order to ensure one would not lie to himself and rationalize his actions
According to the approach based on property law, the same rules should be applicable whether the object in question is a CD or a book. Therefore, if a note has been placed on the CD forbidding it’s copying, it would become forbidden to copy it either because the remainder rights of the artist or because of the concept of a conditional sale.
The Custom of the Artists here could apply, according to Rabbi Batzri , to commercial sales of burned CDs. However, it would not apply to the actions of individuals.
The Rabbinical Legislation would not apply since it has never dealt with the copying of music as it was definitely not an issue at the time the Rabbinical Legislation was enacted (according to Rabbi Sofer ).
It is therefore unclear, depending on the approach one takes, burning CDs is against Talmudic Law.
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