Reply To: Jewifying someone's iPod

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#920910
Chortkov
Participant

We’ve been through this many times, but let’s go again! How about let’s debate this properly without any links.

What should be the problem? You have bought the songs; they now belong to you. You have free rights to place them wherever you like.

The problem is that the agreement (Terms and Conditions apply) state that you cannot copy the CD. So we have to go through a few points:

1) The Ketzos Hachoshen writes that Ganeiva needs a Maiseh (like closing the door when an animal walks in, or doing ????? to the animal you steal). Is clicking something on the computer called a ????? (This question only starts if it is considered stealing.)

2) Is copying considered doing anything? Is this not equivalent to you buying a lit candle off somebody selling candles and then lighting somebody elses for free? There is no ????? whatsoever. [Consider: You are by a shop, and you see a guy about to go buy a coat. You have a spare one and say “Take mine for free”. Is there any problem? And is it different that you only brought one and you are keeping it?]

3) If there is a ???? in the sale, we run into problems. If you have a halachically binding ???? (As in ???? ????, ?? ???? ????, ???? ????? ???? ???, ???? ???? ?????), then if you do copy the music, the sale is halachically nullified.

According to that, you can buy a CD, copy it to your computer and post it on 25 websites, and then go back to the shop and say “I brought this on condition i do not copy it. I did copy it. So give me my money back and here is your CD.” You will NOT get your money back. You see that the whole ???? is a joke.

(As for giving back the copy – in the candle case, would you have to put out the other candle if you lit it? I don’t think so)

The problem, however, is a ???? ?????? of the ???? ??????? in the name of the ?????? ???? who holds that if you make an agreement and then make a ????, even without the laws of ???? you are obligated to keep to the agreement. (????? ???? ????). According to that, you cannot copy if you agreed to terms and conditions.

But if you purchased online, we enter a new ???? about whether online sales are considered ?????? or not. (T.B.C.)