JERUSALEM — The Chief Rabbinical Court of the Eda Haredit recently ruled that Jews cannot make unauthorized copies of computer programs or purchase such illegal copies.
The Business Software Alliance, an international organization that fights the counterfeiting of computer programs, had requested a ruling on the matter. Microsoft, Adobe, Autodesk, Lotus, Novell and Symantech are among the BSA’s members.
The B’nei B’rak court, headed by Rabbi Nissim Karelitz, did not declare such piracy stealing under halachah, Jewish law. However, the court did decide that making illegal copies of software was like “trespassing on the property” of those who had invested years of effort and money to develop and produce the programs.
“Whoever copies any version of software is a sinner, and anyone who buys it from him is helping the sinner. He cannot use the excuse that copying is legitimate because it promotes [Torah] study,” the court declared.
Ami Fleisher, Microsoft-Israel’s representative in the BSA, said that to his sorrow, the haredi and national-religious communities are as likely to be involved in counterfeiting and illegal copying of software as the secular community.
Only recently, a B’nei B’rak man who set up a “charity” as a front for his illegal business was caught selling counterfeit software for about $25 per program. He is now awaiting trial.
But Fleisher noted that no Israeli has yet been jailed for this crime, with the most severe punishment so far being a suspended sentence.
“The law against counterfeiting software has to be bolstered,” he added.
According to BSA’s report for 1997, 54 percent of the business software used in Israel comprises illegal copies.
“People buy CD-ROM copying drives for $400 to $600, and then they sell the copies, depriving Israeli software developers or distributors of some $57 million a year on business software alone,” Fleisher said.
The alliance has no accurate figures on the extent of illegal copying of programs for home use.
But the proliferation of Torah and Talmud study aids on CD-ROM, including databases and responsa software, has generated temptation in the religious community to copy these disks.
“Religious Jews have sometimes argued that it’s `permissible’ to steal from non-Jews or from non-observant Jews who make software, or that using the programs for Torah study justifies the theft. But this is, of course, nonsense,” Fleisher said.
The BSA is asking the Israeli government for tougher legislation, tighter enforcement and the discussion of the issue in schools.
It has also asked various rabbis to issue their opinions and has planned to speak to the Chief Rabbinate, Chassidic rabbis and Lithuanian rabbinical arbiters.
Fleisher explained that when the rabbis make a statement about an issue, it reflects a moral stand that influences people in other sectors, not just observant Jews.
Torah Educational Software, a CD-ROM company in Jerusalem , includes in its product manuals the statement that illegal copying of their disks violates Jewish law.
Rabbi Sholom Gold, a leading rabbi in Jerusalem’s Har Nof neighborhood, said he welcomed the new ruling, as he frequently receives queries from his congregants about whether Jewish law permits someone to copy software or prepared audio tapes.
“I tell them the halachah is clear; both of these are forbidden.”